Madanjeet Singh @ Madanjit Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49182 of 2018 Arising Out of PS.Case No. -262 Year- 2017 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ====================================================== Madanjeet Singh @ Madanjit Kumar Singh son of late Ram Balak Singh Resident of Mohalla - Kashipur, Ward No. 11, P.S. - Town Samastipur, District - Samastipur.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Ekta Singh wife of Madanjeet Singh Resident of Mohalla - Kashipur, Ward No. 11, P.S. - Town Samastipur, District - Samastipur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhay Shankar Singh For the Opposite Party/s : Mr. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2018 Heard learned counsel for the petitioner, O.P. No. 2 and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections498A, 323, 504/34 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. On earlier occasion also, the complainant has instituted a case for similar nature of offence against the petitioner and his family members. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul

Patna High Court Cr.Misc. No.49182 of 2018 (2) dt.09-08-2018 Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State and O.P. No. 2, it is submitted that the petitioner is named in the Complaint Case/F.I.R. 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 six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Rakesh Ranjan, learned Judicial Magistrate-Ist Class, Rosera, District-Samastipur in connection with Complaint Case No. 262 of 2017, 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.

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