Sumeet Kumar @ Sumit Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51821 of 2018 Arising Out of PS.Case No. -79 Year- 2018 Thana -KURTHA District- JEHANABAD ====================================================== Sumeet Kumar @ Sumit Kumar, son of Birendra Kumar, resident of Village- Pondil, Police Station- Kurtha, District- Arwal. At present Gandhi Nagar Colony Quarter No. 1B/78, Kanke Road near C.C.L. Hospital, P.S. Gonda, Ranchi (Jharkhand).

.... .... Petitioner

Versus

1. The State of Bihar.

2. Rekha Kumari, D/O Arjun Singh, R/V- Mubarakpur, P.S. Kurtha, District- Arwal.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : M/S. Rajesh Kumar and Uday Narayan Singh, Advocates.

For the Opposite Party : Mr. Sanjay Kumar Singh, A.P.P. For the Informant : Mr. Manish Kumar No. III and Mr. Rohit Kumar, Advocates.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-10-2018 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A)/34 of the IPC and 3⁄4 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

Patna High Court Cr.Misc. No.51821 of 2018 (3) dt.01-10-2018 2/3 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 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 counsels for the State and opposite party no. 2, 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 C.J.M. Arwal, in connection with Kurtha P.S. Case No. 79 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

Patna High Court Cr.Misc. No.51821 of 2018 (3) dt.01-10-2018 3/3 to the District Mediation Centre for the purpose of reconciliation or one time settlement.

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