Jayesh Srivastava @ Alok v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49412 of 2018 Arising Out of PS.Case No. -2351 Year- 2012 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Jayesh Srivastava @ Alok, S/o Ajit Kumar Rakesh, R/o Mohalla- Gudri Bazar, Takkar More, Salapatganj, P.S.- Bhagwan Bazar, District- Saran. .... .... Petitioner

Versus

1. The State of Bihar.

2. Anuranjeeta Priya @ Seety, W/o Jayesh Srivastava @ Alok, D/o Nagendra Kumar Verma, at present R/o Mohalla- Bhagwan Bazar, P.S.- Bhagwan Bazar, District- Saran.

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

For the Petitioner : Mr. Nishant Kumar Sinha, Advocate. For the State : Mr. Uday Pratap Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A) of the IPC and 3 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. 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

Patna High Court Cr.Misc. No.49412 of 2018 (2) dt.10-08-2018 2/2 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 counsel for the State, 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. Saran, in connection with Complaint Case No. 2351 of 2012, Tr. No. 799 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 reconciliation or one time settlement.

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