Mithilesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47853 of 2019 Arising Out of PS. Case No.-244 Year-2018 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== MITHILESH YADAV Son of Uddasay Yadav Resident of village- Bari Ballia, P.S. Ballia, District- Begusarai.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Khushboo Devi, Wife of Mithilesh Yadav, Daughter of Gulab Yadav, Resident of Village Khan Diyara, P.S. Sahebpur Kamal, District Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the State :

Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-01-2022 Heard learned counsel for the petitioner and learned APP for the State. Nobody appears on behalf of opposite party no.2.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered under Section 498(A) of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Allegation against the petitioner is of committing

Patna High Court CR. MISC. No.47853 of 2019(8) dt.06-01-2022 2/3 torture upon the victim due to non-fulfillment of additional demand of dowry.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses against the petitioner. The petitioner has falsely been implicated in the present 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 Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006

(3) PLJR 182.

On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Begusarai in connection with Sahebpur Kamal P.S. Case No.244 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

Patna High Court CR. MISC. No.47853 of 2019(8) dt.06-01-2022 3/3 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.

(Anjani Kumar Sharan, J.) Sanjay/- U T