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Patna High CourtCR. MISC./55886/2019bail granted

Indrajeet Kumar v. The State Of Bihar

2019-11-16Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55886 of 2019 Arising Out of PS. Case No.-1587 Year-2018 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== INDRAJEET KUMAR, aged about 32 years, Male, Son of Ramdeep Ram, Resident of Village- Subhai Gardh, Police Station- Hajipur Sadar, DistrictVaishali. ... ... Petitioner

Versus

1.

The State Of Bihar.

2.

Ruby Kumari, Wife of Indrajeet Kumar and Daughter of Laxman Ram, Presently residing at Village- Karhatiya Buzurg, Police Station- Goraul (Katahara O.P.), District- Vaishali at Hajipur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Sachin Kumar, Advocate.

For the State :

Mr.Ansar Ul Haque, A.P.P.

For the O.P. No. 2 : Mr. Satya Prakash Sinha, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A) of the IPC and 4 of the D.P. Act.

The prosecution story, in brief, is that the petitioner and other accused persons 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. There is no allegation of tampering with the witnesses alleged

Patna High Court CR. MISC. No.55886 of 2019(3) dt.16-11-2019 2/3 against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. 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 counsels for the State and the informant, it has been submitted that the petitioner is named in the F.I.R./Complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned S.D.J.M. Vaishali at Hajipur, in connection with Complaint Case No. 1587 of 2018, 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

Patna High Court CR. MISC. No.55886 of 2019(3) dt.16-11-2019 3/3 reconciliation or one time settlement.

(Sudhir Singh, J) U.K./- U T