Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53658 of 2019 Arising Out of PS. Case No.-119 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== MUKESH KUMAR S/o Mahendra Ram R/o village- Andhra Pakahi, P.S.- Adapur, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Suman Kumari D/o Tulsi Ram R/o village- Pipra, P.S.- Darpa, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Choubey Jawahar, APP For O.P. No. 2 :

Mr. Umesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-09-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the O.P. No. 2 through virtual mode.

The petitioner is apprehending his arrest in a case registered under Sections 323, 498(A)/34 of the Indian Penal Code and 3⁄4 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 allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.53658 of 2019(9) dt.13-09-2021 2/3 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 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, the petitioner, above named, in the event of arrest/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 S.D.J.M., Raxaul, Motihari, East Champaran in connection with Trial No. 2630 of 2019 arising out of Complaint Case No. C-119 of 2018, 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.

Patna High Court CR. MISC. No.53658 of 2019(9) dt.13-09-2021 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) Pankaj/- U T