Patna High CourtCR. MISC./51798/2017dfd for non appearance

Babloo Manjhi @ Babloo Kumar v. State Of Bihar And ANR

2017-12-01Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51798 of 2017 Arising Out of PS. Case No.-171 Year-2016 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Babloo Manjhi @ Babloo Kumar S/o Late Arjun Manjhi, R/o VillageWakilganj, P.S.- Dobhi, in the District of Gaya. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sunoina Kumari W/o Babloo Manjhi @ Babloo Kumar D/o Tapeshwar Manjhi, R/o Karma, P.S.- Dobhi in the District of Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Braj Nandan Kumar Tiwary, Adv.

For the State :

Smt. Madhuri Lata, APP For opposite party No.2 :

Mr. Ujjawal Kumar Singh, Adv.

Mr. Jitendra Narain Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2018 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/34 of the Indian Penal Code and 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.51798 of 2017(3) dt.18-12-2018 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 S.D.J.M., Gaya in connection with Complaint case No.171 of 2016, 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