Santosh Sah @ Santosh Kumar Sah @ Santosh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41835 of 2018 Arising Out of PS.Case No. -33 Year- 2017 Thana -MAHILA P.S. District- SHEOHAR ====================================================== SANTOSH SAH @ SANTOSH KUMAR SAH @ SANTOSH KUMAR, Son of Bhikhari Sah, resident of Village- Sikta Ward No. 5, Police StationSikta, District- West Champaran at Bettiah. .... .... Petitioner

Versus

1. The State of Bihar.

2. Kanchan Devi Wife of Santosh Sah, Daughter of Madan Prasad, Resident of Village- Sikta Ward No. 5, Police Station- Sikta, District West Champaran at Bettiah at present resident of Village- Sheohar Ward No. 6, Police Station- Sheohar, District- Sheohar.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Raghunandan Kumar Singh For the Opposite Party : Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner, O.P. No. 2 and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498A, 323, 341, 504, 506, 379/34 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 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

Patna High Court Cr.Misc. No.41835 of 2018 (2) dt.18-07-2018 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, 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 Shri Raj Kapoor, learned Judicial Magistrate-Ist Class, Sheohar in connection with Sheohar Mahila Police Station Case No. 33 of 2017, 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) A.K.V./- U T