Ram Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34089 of 2018 Arising Out of PS. Case No.-2783 Year-2016 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Ram Kumar Singh, Son of Nawal Kihsore Singh, resident of Village- Harpur Mukund, P.S. Rajapakar, District- Vaishali. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Juhi Kumari, Wife of Ram Kumar Singh, Daughter of Dev Kumar Singh, resident of Village- Harpur Mukund, P.S.- Rajapakar, District- Suryanagar, Ismailpur, P.S.- Bidupur, District- Vaishali.

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

For the Petitioner :

Mr. Vasant Vikas, Advocate For the State :

Mr. Sanjay Kumar Sharma, APP For opposite party No.2 :

Mr. Arun Kumar Lal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner is apprehending his arrest in a case registered under Section 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-fulfilment 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 has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul

Patna High Court Cr.Misc. No.34089 of 2018(3) dt.17-07-2018 2/2 Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

It has been submitted on behalf of the parties that no settlement could be arrived between the parties.

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.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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, Vaishali at Hajipur in connection with Vaishali Complaint case No. C1-2783 of 2016, 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 matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) Narendra/- U T