Rajeev Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32040 of 2018 Arising Out of PS.Case No. -163 Year- 2017 Thana -PATNA CITY CHOWK District- PATNA ======================================================
1. Rajeev Kumar S/o Sri Durga Nand Prasad, R/o Vill.- Tribhuwan Apartment , Block No. 02, Flat No.201 West Patel Nagar, P.S.- Shastri nagar, District- Patna, At present C/o Umakant Tiwari, Mohalla Sri Ram Path, West Patel Nagar, P.S.- Shastri Nagar, Distt.- Patna. .... .... Petitioner
Versus
1. The State of Bihar.
2. Puja Kumari D/o Parbhu Dayal, R/o Dundi Bazar, Near Sharda Vidhya Mandir Patna City, P.S.- Chowk, Patna City, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner, O.P. No. 2 and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 498A, 341, 323, 504, 506/34 of the Indian Penal Code.
Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to
Patna High Court Cr.Misc. No.32040 of 2018 (3) dt.20-08-2018 petty family dispute. The case is triable by the Magistrate. 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. On behalf of the State and O.P. No. 2, it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of 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.
10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sushant Ranjan, learned Judicial Magistrate-Ist, Class, Patna City in connection with Chowk P.S. Case No. 163 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.
(Sudhir Singh, J) A.K.V./- U T