Debashish Dev Barman @ Devashish Deo Varman @ Jay Verman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51300 of 2023 Arising Out of PS. Case No.-38 Year-2023 Thana- MAHILA PS District- Darbhanga ====================================================== Debashish Dev Barman @ Devashish Deo Varman @ Jay Verman Son Of Sri Krishna Chandra Barman @ Krishna Chandra Verman Resident Of Bank Colony, Pakur, Ps- Pakur (T), Dist- Pakur, Jharkhand ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Smt. Raj Nandani Gupta Wife Of Debashish Dev Barman Resident At Mahammadpur, Ps- Mahammadpur, Dist- Gopalganj, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhakar Nath Rai For the Opposite Party/s :
Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Mahila Thana P.S. Case No. 38 of 2023, for the offences punishable under Sections 498A, 323, 379, 504, 506/34 of the Indian Penal Code and Section 3/4 of the D.P. Act.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant mentally and physically due to the non-fulfillment of the demand of Rs. 5 lakhs as dowry and she was ousted from the matrimonial home by them.
Patna High Court CR. MISC. No.51300 of 2023(3) dt.21-02-2024 2/3
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. It is further submitted that the petitioner is the husband of the informant. The petitioner neither demanded any dowry nor tortured the informant. The petitioner has no criminal antecedent. 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." Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr. Passed in Criminal Appeal No(s). 2207 of 2023, arising out of Special Leave Petition (CRL.) No. 3433 of 2023.
5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond
Patna High Court CR. MISC. No.51300 of 2023(3) dt.21-02-2024 3/3 of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Darbhanga in connection with Mahila Thana P.S. Case No. 38 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition:- (i) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. 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.
8. The application stands allowed.
(Chandra Prakash Singh, J) Ranjeet/- U T