Chandan Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66167 of 2018 Arising Out of PS.Case No. -90 Year- 2018 Thana -MAHILA P.S. District- PATNA ====================================================== Chandan Kumar Singh, S/o Dharm Raj Singh, R/o Mohalla-Rajiv Nagar, Road No. 23, Near Bajrang Cement Store, P.S. Rajiv Nagar, District-Patna .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar Gupta For the State : Mr. Manoj Kumar Counsel for informant Mr. Ashok Kumar Garg, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-10-2018 Heard learned counsel for the petitioner, O.P. No. 2 and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code and 3⁄4 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 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.

Patna High Court Cr.Misc. No.66167 of 2018 (2) dt.30-10-2018 The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State and O.P. No. 2, it is submitted that the petitioner is 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 Smt. Priya Shekhar, J.M. Ist Class, Patna in connection with Mahila 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 reconciliation or one time settlement.

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