Brajesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63865 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- CHARPOKHARI District- Bhojpur BRAJESH SINGH, Male, aged about 28 years, Son of Baban Singh, Resident of Village - Koyal, P.S.- Charpokhari, Dist.- Bhojpur. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Ajay Kumar Singh, Advocate.

For the Opposite Party :

Mr.Bhanu Pratap Singh, A.P.P.

For the Informant : Mr. Uday Kumar and Mr. Dhaneshwar Pd. Singh, Advocates.

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-10-2019 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner seeks bail in a case for the offence registered under Sections 341, 323, 504, 427 and 498(A)/34 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 is languishing in custody since 21.07.2019. Charge sheet/prosecution report has been submitted in the present case. The petitioner has got no criminal antecedent. He has falsely been implicated in the present case due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner

Patna High Court CR. MISC. No.63865 of 2019(2) dt.16-10-2019 2/2 is the husband of the victim. 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 the informant, 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, 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 the learned A.C.J.M.- X, Bhojpur at Ara, in connection with Charpokhari P.S. Case No. 2/19.

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) U.K./- U T