Somnath Bhakat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48495 of 2019 Arising Out of PS. Case No.-15 Year-2016 Thana- NTPC District- Bhagalpur ====================================================== Somnath Bhakat Son of Late Anil Bhakat Resident of mohalla Quarter No. 11/27 Dayanand Sarni Road, Azone Arbindo P.S. Durgapur District- Burdwan (W.B.).

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Prity Bhakat Wife of Somnath Bhakat Daughter of J.P.N. Pal (Bhakat) Resident of Mohalla- B-297, P.T.S. N.T.P.C. Colony P.S. N.T.P.C. Kahalgaon District- Bhagalpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.N.K. Agrawal, Sr. Adv.

Mr. Praveen Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Murli Dhar For the informant : Mr. Ravi Shankar Sahay, Adv. Mr. Arvind Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-08-2019 Heard learned counsel for the petitioner, O.P. No. 2 and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 498A/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. 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 is in custody since 11-06-2019. The petitioner has falsely been implicated in the present case due to petty family dispute. The

Patna High Court CR. MISC. No.48495 of 2019(2) dt.06-08-2019 2/2 petitioner undertakes that he will cooperate during trial. 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, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bhagalpur in connection with N.T.P.C. P.S. Case No. 15 of 2016. 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