Rajeev Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55804 of 2019 Arising Out of PS. Case No.-608 Year-2018 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== RAJEEV SINGH, (Male), Son of Late Kailash Singh, age about 45 years, Resident of Village-Amraur, P.S.-Muffasil, District-Begusarai. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Kanchan Devi, Wife of Rajeev Singh, Resident of Village-Amraur, P.S.- Muffasil, District-Begusarai. Presently Kanchan Devi D/o Hareram Singh, R/village-Barauni Ward No.11, P.S.-Barauni, District-Begusarai. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Amrendra Kumar and Brj Bhushan Poddar, Advocates.

For the State :

Mr.Anuj Kumar Shrivastava, Advocate.

For the O.P.No. 2 : M/S. Shubhesh Pandey, Neeraj Kumar Painali and Suraj Kumar Singh, Advocates.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. Vide order dated 04.09.2019, the petitioner was given direction that if the petitioner is sought to be arrested by the police, he shall be released on provisional bail. But he was not arrested till now in a case for the offence registered under Sections 498(A), 497, 379, 354(A), 354(B) of the IPC and 3⁄4 of the D.P. Act.

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.55804 of 2019(3) dt.16-11-2019 2/3 It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. 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 counsels for the State and the informant, it has been submitted that the petitioner is named in the F.I.R./Complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned S.D.J.M. Begusarai, in connection with Complaint Case No. 608C/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.55804 of 2019(3) dt.16-11-2019 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.

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