Md. Chand Shahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68025 of 2018 Arising Out of PS. Case No.-122 Year-2018 Thana- ARER District- Madhubani ====================================================== Md. Chand Shahi Son of Md. Zahid Sabri Resident of VillageMadhwapatti,Police Station Arar,Distt.-Madhub... ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar For the Opposite Party/s :

Mr. Rana Randhir Singh For the informant :

Mr. Sanjay Kumar CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-11-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No. 2. A supplementary affidavit has been filed on behalf of the petitioner. The same is kept on record.

In the light of statement made in the supplementary affidavit, Counsel for the petitioner is permitted to make necessary correction in paragraph 3 of the main application in course of the day.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 498A, 504 and 506 of the Indian Penal Code.

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

Patna High Court Cr.Misc. No.68025 of 2018(2) dt.26-11-2018 2/3 It has been submitted on behalf of the petitioner that 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 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 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 learned Munsif-cumJ.M. 1st Class, Benipatti, Madhubani in connection with Arer P.S. Case No. 122 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 make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of

Patna High Court Cr.Misc. No.68025 of 2018(2) dt.26-11-2018 3/3 reconciliation or one time settlement.

(Sudhir Singh, J) Pankaj/- U T