Amitesh Kumar Jha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58684 of 2018 Arising Out of PS.Case No. -342 Year- 2017 Thana -COMPLAINT CASE District- SUPAUL ====================================================== Amitesh Kumar Jha, S/o Late Premanand Jha, Permanent Address- Sajhuar, P.S.- Behera, District- Darbhanga. Present Address- Defence Colony Kankarbagh, Besides Tempu Stand, House No. 25, P.S.- Kankarbagh, District- Patna.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Vandana Kumari, H/O- Amitesh Kumar Jha, D/o Somnath Jha, Permanent Address- Defence Colony Kankarbagh, Beside Tempu Stand, House No. 25, P.S.- Kankarbagh, Distt.- Patna. Present Address - Birpur Ward No. 3 House No.- G 173 Koshi Yojna , P.S.- Birpur, District- Supaul.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Vijay Kumar, Advocate. For the State : Mr. Bal Mukund Prasad Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-10-2018 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioner is apprehending his arrest in a case for the offence registered under Section 498(A) of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There

Patna High Court Cr.Misc. No.58684 of 2018 (3) dt.01-10-2018 2/3 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 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 opposite party no. 2, 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 A.C.J.M. Birpur (Supaul), in connection with Complaint Case No. 342 (C) of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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

Patna High Court Cr.Misc. No.58684 of 2018 (3) dt.01-10-2018 3/3 or one time settlement.

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