Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52591 of 2022 Arising Out of PS. Case No.-795 Year-2021 Thana- GARKHA District- Saran ====================================================== PINTU KUMAR @ Pintu Kumar Rai, Son of Lalan Rai Resident of village - Zilkabad Mathiya, P.S.- Garkha, District - Saran. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Vipin Kumar, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

In the light of supplementary affidavit filed on behalf of the petitioner, let the name of the petitioner be read as Pintu Kumar @ Pintu Kumar Rai.

The office is directed to correct the name of the petitioner in the cause title of the application. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioner seeks bail in a case registered under Sections 498A/34 of the Indian Penal Code and 3⁄4 of D.P. 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.52591 of 2022(2) dt.16-12-2022 2/3 It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.07.2022 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is alleged to be husband. Due to petty family dispute, the alleged occurrence is said to have taken place. 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 F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Saran in connection with Garkha P.S. Case No. 795/2021.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the

Patna High Court CR. MISC. No.52591 of 2022(2) dt.16-12-2022 3/3 matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) Pankaj/- U T