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Patna High CourtCR. MISC./60582/2021allowed

Vinod Kumar Singh v. The State Of Bihar

2022-08-22Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60582 of 2021 Arising Out of PS. Case No.-73 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== VINOD KUMAR SINGH S/o Janardhan Singh R/o village- Telhua, Dera Tola, P.S.- Nautan, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Suman Devi W/o Vinod Kumar Singh R/o village- Hira Pakad, P.S.- Jadopur, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Harendra Prasad Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under section 323, 341, 354B, 379, 406, 498A, 313, 504, 34 of IPC and 3⁄4 of D.P. Act. Allegedly, petitioner and other co-accused persons tortured the informant for demand of dowry. The belongings of the informant was snatched and she was ousted from her matrimonial home stating that she will only be allowed to enter

Patna High Court CR. MISC. No.60582 of 2021(4) dt.22-08-2022 2/3 again after payment of Rs. Two Lakhs as dowry. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. By the order dated 22.06.2022, the petitioner was directed to file a supplementary affidavit and was directed to pay the entire amount as directed by the learned court below in Maintenance Case no.205 of 2019. Learned counsel for the petitioner filed a certified copy of the order in which he stated that the petitioner has paid Rs.50,500/- to the O.P. No.2 and he will pay the rest amount of Rs.48,500/- within three months from today. He is also agreed to pay Rs.5,500/- to O.P. No.2 for maintenance of the informant and her daughter. Petitioner has one criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case and keeping in view the undertaking given by the learned counsel for the petitioner, let the above named petitioner be

Patna High Court CR. MISC. No.60582 of 2021(4) dt.22-08-2022 3/3 released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond 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 Nautan P.S. Case No.73 of 2021, subject to the conditions 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 matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

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