Alok Kumar @ Vikki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12513 of 2021 Arising Out of PS. Case No.-51 Year-2019 Thana- KARAMCHAT District- Kaimur (Bhabua) ====================================================== ALOK KUMAR @ VIKKI SON OF VIJAY RAY R/o village- Pacho Dihari, P.S.- Dinara (Bhanas), District- Rohtas ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

ANTIMA KUMARI DAUGHTER OF SRI BIGAN ROY R/o villagenawadih, P.S.- Karamchat, District- Kaimur at Bhabua ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashutosh Tripathy, Advocate For the Opposite Party/s :

Mr. Anil Kumar Mr. Ravi Shankar Mr. Mukesh Kumar Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 379 and 498A of the Indian Penal Code and 3⁄4 Dowry Prohibition Act. As per the prosecution case, the allegation against the petitioner is of torturing and assaulting the informant due to

Patna High Court CR. MISC. No.12513 of 2021(8) dt.22-02-2023 2/3 non-fulfillment of demand of a motorcycle as dowry. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Learned counsel has submitted that the petitioner and the informant have settled the dispute through the process of mediation and they have compromised the case. Learned counsel for the informant has also stated that the case has been compromised between the parties and the informant had already accepted total Rs. 2,50,000 from the petitioner through cheques and both the parties also agreed to withdraw all the cases filed by them or by their family members. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. Learned counsel for the informant has stated that the informant has received Rs. 2,50,000/- from the petitioner through cheques and both the parties have compromised the case.

Considering the aforesaid facts and circumstances and in light of the report of mediation dated 13.02.2023, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/-

Patna High Court CR. MISC. No.12513 of 2021(8) dt.22-02-2023 3/3 (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Kaimur at Bhabhua in connection with Karamchat P.S. Case No. 51 of 2019, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with a condition.

1. The court below shall verify the criminal antecedent of the petitioner and at any stage, if it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T