Gunjan Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62716 of 2018 Arising Out of PS. Case No.-90 Year-2018 Thana- SAHARGHAT District- Madhubani ====================================================== Gunjan Sah, Son of Naresh Sah, Resident of Village- Loma, P.S.- Saharghat, District- Madhubani.

... ... Petitioner

Versus

1. The State of Bihar.

2. Rani Kumari, Wife of Gunjan Sah, Resident of Village- Loma, P.S.- Saharghat, District- Madhubani.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Gagan Deo Yadav, Advocate.

For the State :

Mr. Nityanand Tiwari, A.P.P.

For O.P. No. 2 : Mr. Shailendra Kumar Jha, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2018 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 498(A) 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 has got no criminal antecedent.

Patna High Court Cr.Misc. No.62716 of 2018(3) dt.29-11-2018 2/3 There is no allegation of tampering with the 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 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 opposite party no. 2, 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, in the event of arrest or 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 the learned S.D.J.M. Benipatti, Madhubani, in connection with Saharghat P.S. Case No. 90 of 2018, 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

Patna High Court Cr.Misc. No.62716 of 2018(3) dt.29-11-2018 3/3 reconciliation or one time settlement.

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