Rajiv Sao @ Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65553 of 2021 Arising Out of PS. Case No.-16 Year-2021 Thana- MAHILA P.S. District- Sheikhpura ====================================================== RAJIV SAO @ RAJIV KUMAR Son of Ramashray Sao Resident of Village - Mahmadpur, P.S.- Korma, District - Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Advocate For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in connection with Sheikhpura (Mahila) P.S. case No.16 of 2021 registered under Sections 498A, 494, 341, 323, 313, 506/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the accused persons including the petitioner is of committing torture and assault upon the victim due to non-fulfilment of demand of dowry. The accused persons also forced the victim to take medicines, which resulted into miscarriage of four months baby.

Patna High Court CR. MISC. No.65553 of 2021(2) dt.30-11-2021 2/3 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no medical examination report in support of the allegation made under Section 313 of I.P.C. Except for offence under Section 313 of I.P.C., rest of the offences are 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 facts and circumstances of the case, 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 learned Sub Divisional Judicial Magistrate, Sheikhpura in connection with Sheikhpura (Mahila) P.S. case No.16 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.65553 of 2021(2) dt.30-11-2021 3/3 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. 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) Narendra/- U T