Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53133 of 2019 Arising Out of PS. Case No.-332 Year-2018 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== SUDHIR KUMAR Son of Ram Narayan Sah @ Panhu Sah Resident of Village - Chhaurahi, P.S. - Khodanwanpur (O.P. Chhaurahi), District - Begusarai ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Priyanka Kumari Wife of Sudhir Kumar D/O Lal Babu Sah, Resident of Village - Begmsarai, Ward no.-1, P.S.- Bachhwara, District - Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yogesh Kumar For the Opposite Party/s :

Mr.Satyendra Prasad For the complainant :

Mr. Hussamuddin Azad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-09-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant through virtual mode.

The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code and 4 of 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 the petitioner has got no criminal antecedent. There is no

Patna High Court CR. MISC. No.53133 of 2019(5) dt.06-09-2021 2/2 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 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 Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State and the complainant, it is submitted that the petitioner is named in the Complaint Case. Considering the aforesaid facts and circumstances, the provisional bail, granted to the petitioner vide order dated 26.08.2019 to the satisfaction of learned S.D.J.M., Begusarai in connection with Complaint Case No. 332 of 2018, is hereby confirmed.

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) Pankaj/- U T