Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51856 of 2019 Arising Out of PS. Case No.-413 Year-2017 Thana- BAHADURPUR District- Darbhanga ====================================================== SONU KUMAR Son of Sri Sitaram Yadav @ Sita Ram Yadav @ Seetaram Yadav Resident of Village - Baruara, P.S.- Bahadurpur, District- Darbhanga ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Munni Devi Wife of Sri Sonu Kumar, D/O - Sri Satya Narayan Yadav Resident of Village - Nandanpatti, P.S.- Sadar (Darbhanga Sadar), DistrictDarbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No 13 For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood For O.P. No. 2 : Mr. Iqbal Asif Niazi, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-09-2021 Heard learned counsel for the petitioner and the State through virtual mode.

The petitioner is apprehending his arrest in Bahadurpur (Fekla O.P.) P.S. Case No. 413 of 2017 corresponding to CRI No. 2897 of 2017 registered under Section 498A/34 of the Indian Penal Code.

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 case due to petty family dispute. The offences are triable

Patna High Court CR. MISC. No.51856 of 2019(5) dt.01-09-2021 2/3 by the Magistrate. The petitioner is husband of the victim. 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 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 his personal bond to the satisfaction of learned Sub Divisional Judicial Magistrate, Darbhanga in connection with Bahadurpur (Fekla O.P.) P.S. Case No. 413 of 2017 corresponding to CRI No. 2897 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the

Patna High Court CR. MISC. No.51856 of 2019(5) dt.01-09-2021 3/3 matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) A.K.V.//- U T