Chintu Ram @ Chintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58613 of 2021 Arising Out of PS. Case No.-474 Year-2019 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== CHINTU RAM @ CHINTU KUMAR, aged about 27 years, Gender-Male, S/O PRADIP RAM, R/o village- Janar, P.S.- Aurai, Distt.- Muzaffarpur. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

GURIYA DEVI, aged about 26 years, Gender-Female, W/o Chintu Ram @ Chintu Kumar, D/o Krishna Dev Ram R/o village- Janar, P.S.- Aurai, Distt.- Muzaffarpur, At present R/o village- Govind Pitaujhiya, P.S.- Runnisaidpur, Distt.- Sitamarhi.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Alok Kumar Alok, Advocate For the State :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of eight weeks.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with C1-474/2019, Trial No. 2511/2019 for the offence registered under Sections 323, 379, 504, 498(A) of the I.P.C. and 3⁄4 of the D.P. Act in which cognizance has been taken under Section 498(A) of the I.P.C.

The prosecution story, in brief, is that the accused

Patna High Court CR. MISC. No.58613 of 2021(2) dt.22-11-2021 2/3 persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is the husband of the victim. The case is triable by the Magistrate. The petitioner has further 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 learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Muzaffarpur, in connection with C1474/2019, Trial No. 2511/2019, subject to the conditions as laid

Patna High Court CR. MISC. No.58613 of 2021(2) dt.22-11-2021 3/3 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. In case, any such application is made by either of the parties, the court below shall refer the matter to the District Mediation Centre. (Sudhir Singh, J) U.K./- U T