Rohit Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59911 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- MAHILA P.S. District- Munger ====================================================== Rohit Raj Son Of Lala Prasad Ray Village- Laldarwara , Mirchi Talab, PsKotwali, Dist- Munger ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Megha Kumari @ D. Mala Kumari Daughter Of Dablu Yadav Village/Mohalla- Bari Bazar, Ward No. 28, Ps- Kotwali, Dist- Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deep Anshuman, Advocate For the Opposite Party/s :

Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-09-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Mahila P.S. Case No. 11 of 2023 dated 10.04.2023 registered for the offence punishable u/s 498A of the Indian Penal Code and Sections 3/ 4 of the D.P. Prohibition Act.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant

Patna High Court CR. MISC. No.59911 of 2023(2) dt.27-09-2023 2/3 mentally and physically due to non-fulfillment of demand of Rs. 5 lacs as dowry.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Learned counsel further submitted that the petitioner is a railway employee and the name of the informant has already been entered in the service book of the petitioner. There is general and omnibus allegation against the petitioner. 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." Learned counsel has further submitted that Section 498A of the IPC is triable by the Magistrate. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned,

Patna High Court CR. MISC. No.59911 of 2023(2) dt.27-09-2023 3/3 Munger in connection with Mahila P.S. Case No. 11 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(i). 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 reconcilation or one time settlement.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T