Sankat Mochan @ Sankat Mochan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52511 of 2022 Arising Out of PS. Case No.-661 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SANKAT MOCHAN @ SANKAT MOCHAN KUMAR Son of Prabhakar Singh Resident of Village - Lodipur, P.s.- Bind , Distt.- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gunjan Kumari W/o Sankatmochan Singh Resident of Village - Lodipur, P.s.- Bind , Distt.- Nalanda.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Adv.

For the Opposite Party/s :

Mrs.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State. Though vakalatnama is filed on behalf of the O.P. No.2 but despite repeated calls today, nobody appears on her behalf.

2.

The petitioner apprehends his arrest in a case registered under sections 323, 498A of the IPC.

3.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. 4.

It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case due to grudge. The

Patna High Court CR. MISC. No.52511 of 2022(5) dt.16-01-2024 2/2 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. Petitioner has no criminal antecedent.

5.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his 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.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Complaint Case No.661/2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. 6.

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.

(Anjani Kumar Sharan, J) pallavi/- U T