Alakh Niranjan Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23336 of 2017 Arising Out of PS. Case No.-1171 Year-2011 Thana- ROHTAS COMPLAINT CASE District- Rohtas ====================================================== Alakh Niranjan Singh, S/o Late Anirudh Singh, resident of Village- Semra, P.S. Agrer, District- Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Bindu Kunwar, W/o Late Ram Niwas Singh D/o Bhikhandeo Singh, Resident of Village- Bhavpokhar, P.S.- Nokha, District- Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

SMT. NIRMALA KUMARI ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2017 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. Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry. The matter was referred to the Mediation Centre, Patna High Court by order dated 12.6.2017. Thereafter again the matter was re-referred to the Mediation Centre, Patna High Court by order dated 11.9.2017, but the mediation failed as per report of the Mediator.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.23336 of 2017(7) dt.17-10-2017 2/2 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 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 A.C.J.M. IX, Rohtas at Sasaram in connection with Complaint case No.1171 of 2011, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T