Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60646 of 2021 Arising Out of PS. Case No.-378 Year-2020 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Raj Kumar S/O Dadan Prasad R/O Village-Agiyaw, P.S-Garhani, DistrictArrah. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Punam Kumari D/O Dilip Ram R/O Village-Amain, Ps-Parasbigha, DistrictJehanabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Jogendra Kumar, Advocate For the State :

Mr.Md. Iftekhar Mahmood, APP For opposite party No.2 :

Mr.Sunil Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in connection with Complaint case No.378 of 2020 registered under Sections 498A, 323, 326 and 341 of the Indian Penal Code. Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.60646 of 2021(2) dt.30-11-2021 2/3 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. 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 learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, 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 Smt. Priyanka Kumari, Judicial Magistrate, 1st class, Jehanabad in connection with Complaint case No.378 of 2020, 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

Patna High Court CR. MISC. No.60646 of 2021(2) dt.30-11-2021 3/3 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) Narendra/- U T