Jai Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45832 of 2022 Arising Out of PS. Case No.-85 Year-2020 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== JAI SHANKAR SINGH Son of Late Ramjee Singh R/v- Diya, PostRamgarh, P.S- Mohania, Dist- Kaimur at bhabhua ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Babli Devi Wife of Jaishankar Singh R/v- Diyan, P.O- Ramgarh, PsMohania, Distt- Kaimur, D/oSanjay singh R/v- Silauta, P.O- Gaira, PSSonhan, Distt- Kaimur at Bhabhua ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects within three weeks.

The petitioner apprehends his arrest in a case registered under sections 498(A)/34 of the IPC and section 3⁄4 of the Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim in association with his family members for nonfulfilment of demand of dowry and of ousting her out of the matrimonial house.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.45832 of 2022(2) dt.01-12-2022 2/3 petitioner is an innocent person and has committed no offence. Petitioner has never made any torture upon the victim and has been falsely implicated in the present case due to grudge. He has never made any dowry demand from the informant. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182. It is submitted that the petitioner is still ready and willing to keep his wife with full honour and dignity. Petitioner has no criminal antecedent, which is also mentioned in paragraph-3 of the bail application.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Complaint Case No.85 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the

Patna High Court CR. MISC. No.45832 of 2022(2) dt.01-12-2022 3/3 matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Anjani Kumar Sharan, J) shikha/- U T