Jivachh Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8719 of 2021 Arising Out of PS. Case No.-13 Year-2020 Thana- MAHILA P.S District- Supaul ====================================================== 1.

Jivachh Pandit S/O Late Nenay Pandit Resident Of Village-Parsauni, Ward No.1, Panchayat Bakaur, P.S-Supaul, District-Supaul. 2.

Sunil Pandit S/O Jivachh Pandit Resident Of Village-Parsauni, Ward No.1, Panchayat Bakaur, P.S-Supaul, District-Supaul. 3.

Anil Pandit S/O Jivachh Pandit Resident Of Village-Parsauni, Ward No.1, Panchayat Bakaur, P.S-Supaul, District-Supaul. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

PINKI DEVI W/O MANOHAR PANDIT, D/O SRI BANARSI PANDIT R/O VILLAGE-PATHRA, P.S-PIPRA, DISTRICT-SUPAUL. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhim Kumar Yadav For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-06-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioners are apprehending their arrest in a case registered under Sections-341, 323, 498A, 504, 506/34 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.

Patna High Court CR. MISC. No.8719 of 2021(2) dt.22-06-2021 2/3 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. The petitioner No. 1 is father-in-law whereas petitioner Nos. 2 & 3 are Devars of the complainant/informant. The petitioners have 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 petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioners, 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 their personal bond to the satisfaction of learned Sub Divisional Judicial Magistrate, Supaul in connection with Supaul Mahila P.S. Case No. 13 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish

Patna High Court CR. MISC. No.8719 of 2021(2) dt.22-06-2021 3/3 bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

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