Krishna Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63415 of 2021 Arising Out of PS. Case No.-875 Year-2020 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== KRISHNA KEWAT, age about 32 years, Male, Son of Shrawan Kewat, Resident of village - Lohdan (Khania), P.S.- Chand, Distt.- Kaimur at Bhabua. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Anjani Kumari, W/o Krishna Kewat, Resident of village - Lohdan (Khania), P.S.- Chand, Distt.- Kaimur at Bhabua, at present reside with her Father Namely shiv Kewat Resident of village - Matar, P.S.- Bhagwanpur, Distt.- Kaimur at Bhabua.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Tribhuwan Narayan, Advocate For the State :

Mr. Kanhaiya Kishore App,100 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of eight weeks.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 875 of 2020 for the offence registered under Sections 498(A), 323 and 406 of the I.P.C. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry.

Patna High Court CR. MISC. No.63415 of 2021(2) dt.22-11-2021 2/3 It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is the husband of the victim. The case is triable by the Magistrate. The petitioner has further 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 learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Kaimur at Bhabua, in connection with Complaint Case No. 875 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.63415 of 2021(2) dt.22-11-2021 3/3 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. In case, any such application is made by either of the parties, the court below shall refer the matter to the District Mediation Centre. (Sudhir Singh, J) U.K./- U T