Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62801 of 2019 Arising Out of PS. Case No.-1196 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Santosh Kumar Son of Late Ramanand Sah Resident of Village- Koiriya Tola, Triloki Nagar, Raxaul, Police station- Raxaul, District- East Champaran. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Kriti Devi Wife of Santosh Kuamr, D/O Laxman Prasad Resident of VillageKoiriya Tola, Triloki Nagar, Raxaul, Police station- Raxaul, District- East Champaran. At Present R/o Village- Phenhara Patchimwari Tola, Police Station- Phenhara, District- East Champaran.

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

For the Petitioner/s :

Mr.Dilip Kumar Tondon For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner, O.P. No. 2 and learned APP for the State.

The petitioner seeks bail 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-fulfillment 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 is in custody since 21-07-2019. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner undertakes that he will cooperate during trial. The

Patna High Court CR. MISC. No.62801 of 2019(2) dt.21-10-2019 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 O.P. No. 2 , it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on 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, Sadar, Motihari in connection with Complaint Case No. 1196 of 2017.

The petitioner is directed to appear before the Family Court where the Maintenance case has been filed by the complainant. 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.

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