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Patna High CourtCR. MISC./65341/2021allowed

Satish Kumar Mishra v. The State Of Bihar

2021-12-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65341 of 2021 Arising Out of PS. Case No.-355 Year-2021 Thana- BHAGWAN BAZAR District- Saran ====================================================== Satish Kumar Mishra, Son of Shree Chandra Mohan Mishra, Resident at Mohalla Ware House Campus Gudari Bazar, P.S. Bhagwan Bazar, District Saran (Chapra).

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Y.C. Verma, Senior Advocate Mr. Jai Shankar Pathak, Advocate For the Opposite Party/s :

Mr. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-12-2021 Heard Mr. Y.C. Verma, learned Senior Counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498(A), 354, 377, 406, 504, 506 and 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. 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 due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the

Patna High Court CR. MISC. No.65341 of 2021(2) dt.17-12-2021 2/2 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 FIR.

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 twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No.355 of 2021, 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 reconciliation or one time settlement.

(Anjani Kumar Sharan, J.) Sanjay/- U T