Anil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74044 of 2019 Arising Out of PS. Case No.-2209 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== ANIL RAI Son of Arjun Prasad Resident of Village / Mohalla - Bank Colony, ADM Road, Mangal Chowk, Khemanichak, P.S.- Ram Krishna Nagar, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dauli Devi Wife of Anil Rai Resident of Village / Mohalla - Bank Colony, ADM Road, Khemanichak, P.S.- Ram Krishna Nagar, District- Patna. At present resident of Village / Mohalla - Rajapur, P.S.- Srikrishnapuri, DistrictPatna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Deo Raj For the Opposite Party/s :

Mrs.Asha Kumari For the Informant :

Mr. Kundan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-06-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

The petitioner is apprehending his arrest in a case in which cognizance has been taken under Section 498A of the Indian Penal Code and section 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

Patna High Court CR. MISC. No.74044 of 2019(7) dt.28-06-2021 2/3 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, it is submitted that the petitioner is named in the Complaint Case.

Considering the aforesaid facts and circumstances and also the lockdown, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned S.D.J.M., Patna in connection with Complaint Case No. 2209 /2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

Patna High Court CR. MISC. No.74044 of 2019(7) dt.28-06-2021 3/3 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) Pankaj/- U T