Patna High CourtCR. MISC./59162/2023bail granted

Devrath Kumar v. The State Of Bihar

2023-09-22Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59162 of 2023 Arising Out of PS. Case No.-630 Year-2021 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== Devrath Kumar, Son Of Chitranjan Raut, Resident Of Village- Adari, P.S. Runnii Saidpur, District- Sitamarhi.

... ... Petitioner/s

Versus

The State Of Bihar Bihar 2.

Puja Kumari Wife Of Devrath Kumar, D/O Sri Krishna Raut Mohalla- Lallu Pokhar, Argarha Road, Ps- Kasim Bazar, Dist- Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surya Narayan Sah, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-09-2023 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 a case in connection with Complaint P.S. Case No. 630C of 2021 dated 06.08.2021 registered for the offences punishable u/ss 323, 506, 498A, 420, 406 read with section 34 of the Indian Penal Code and section 3⁄4 of the D.P. Act.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the complainant mentally and physically due to non-fulfillment of demand of a Bolero Vehicle as dowry.

Patna High Court CR. MISC. No.59162 of 2023(2) dt.22-09-2023 2/3

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner neither demanded any dowry nor tortured the complainant. The petitioner is the husband of the complainant. Learned counsel has further submitted that all the offences as alleged against the petitioner are 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. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

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

7. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on 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, Munger in connection with Complaint P.S. Case No. 630C of 2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.59162 of 2023(2) dt.22-09-2023 3/3

8. 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.

9. The application stands allowed.

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