Dinesh Kumar Yadav @ Dinesh Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42078 of 2018 Arising Out of PS.Case No. -312 Year- 2017 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Dinesh Kumar Yadav @ Dinesh Kumar S/o Ram Ashok Yadav Resident of Village- Sabalpur, P.S. Didarganj, District- Patna. .... .... Petitioner
Versus
1. The State of Bihar
2. Usha Devi, W/o Dinesh Kumar @ Dinesh Kumar Yadav, Resident of Village- Saabalpur, P.S. Didarganj, District Patna. At present D/o Ramlakhan Yadav, Resident of Village- Dalisamanchak, P.S.- Barh, District- Patna.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Nagmani Kumar For the Opposite Party : Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 498A, 323 of the Indian Penal Code. 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 there is no 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 informant is in habit of instituting cases for similar nature of offence against the petitioner
Patna High Court Cr.Misc. No.42078 of 2018 (2) dt.18-07-2018 and his family members. 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 are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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 learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Complaint Case No. 312 of 2017, 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 reconciliation or one time settlement.
(Sudhir Singh, J) A.K.V./- U T