Bipin Kumar @ Bipin Kumar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76154 of 2023 Arising Out of PS. Case No.-85 Year-2023 Thana- RAMPUR District- Gaya ====================================================== BIPIN KUMAR @ BIPIN KUMAR VERMA Son of Shiv Kumar Verma R/o village - New Pokhar Toli, Hawai Adda, P.S. - Doranda, Distt. - Ranchi (Jharkhand) ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Nitu Kumari D/o Ram Bharosa Prasad R/o village - Gewal Bigha, Pain Par, P.S. - Rampur, Distt. - Gaya (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-11-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Rampur P.S. Case No. 85 of 2023 dated 01.02.2023 registered for the offence punishable under Sections 341, 323, 314, 498A, 504 and 506 read with 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant

Patna High Court CR. MISC. No.76154 of 2023(2) dt.30-11-2023 2/3 mentally and physically due to non-fulfillment of demand of dowry.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. It is further submitted that the petitioner has neither tortured nor demanded any dowry. Learned counsel has submitted that the petitioner is husband of the informant and ready to keep the informant with full honour and dignity. Learned counsel for 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." Learned counsel has further submitted that Section 498A of the IPC is triable by the Magistrate. Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs.

Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr passed in Criminal Appeal No(s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently

Patna High Court CR. MISC. No.76154 of 2023(2) dt.30-11-2023 3/3 opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya in connection with Rampur P.S. Case No. 85 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. 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 reconcilation or one time settlement.

9. The application stands allowed.

(Chandra Prakash Singh, J) Nilmani/- U T