Mohan @ Pappu Shukla v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61346 of 2019 Arising Out of PS. Case No.-44 Year-2019 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== MOHAN @ PAPPU SHUKLA, aged about 32 years (Male), Son of Gorakh Shukla, Resident of Village-Mahuawa P.S.-Purushottampur, District-West Champaran.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Dhannjay Kumar No. 2, Advocate.
For the State :
Mr.Gauri Shankar Gupta, A.P.P.
For the Informant : M/S. Bimlesh Kumar Pandey and Ashok Kumar Singh, Advocates.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-09-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner seeks bail in a case for the offence registered under Sections 498(A)/34 of the IPC and 3⁄4 of the D. P. Act.
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 07.06.2019. Charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. The
Patna High Court CR. MISC. No.61346 of 2019(2) dt.26-09-2019 2/3 petitioner 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 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 C.J.M. Bettiah, West Champaran, in connection with Porsotampur P.S. Case No. 44 of 2019.
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.
Learned counsel for the petitioner undertakes that the petitioner shall appear before the learned Family Court where
Patna High Court CR. MISC. No.61346 of 2019(2) dt.26-09-2019 3/3 the proceeding in respect of maintenance is pending. (Sudhir Singh, J) U.K./- U T