Sudhir Kumar Pal v. The State Of Bihar Through The Director General Of Police, Government Of Bihar, Patna And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26872 of 2017 Arising Out of PS. Case No.-2360 Year-2014 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Sudhir Kumar Pal son of Sri Chandradeo Mandal resident of village - Sisia, P.O. - Sisia, Police Station - Kodha in the district of Katihar, Bihar. ... ... Petitioner/s

Versus

1. The State of Bihar through the Director General of Police, Government of Bihar, Patna.

2. Sunita Devi Wife of Sudhir Kumar Pal Resident of Sisia, P.O. - Sisia, Police Station - Kodha, District - Katihar, Presently residing with her father namely Mr. Prem Lal Pal, resident of Palanga, P.O. Shobhnathpur, Police Station - Kahalgaon, District - Bhagalpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Gajendra Pratap Singh, Advocate For the State :

Mr. Tarkeshwar Nath Thakur, APP For opposite party No.2 :

Mr. Indeshwari Pd. Mandal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner is apprehending his arrest in a case registered under Section 498A 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-fulfilment 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 petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The

Patna High Court Cr.Misc. No.26872 of 2017(3) dt.31-07-2018 2/2 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 learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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 learned Sub Divisional Judicial Magistrate, Bhagalpur in connection with Complaint case No.2360 of 2014, 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 or one time settlement.

Narendra/- (Sudhir Singh, J) U T