Vikash Rawat @ Vikash Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76960 of 2023 Arising Out of PS. Case No.-224 Year-2023 Thana- LAXMIPUR District- Jamui ====================================================== Vikash Rawat @ Vikash Raut Son Of Lalan Raut Add- 639/Ids Colony Near Shiv Mandir Hirapur Po Ps- Dhanbad Dist- Dhanbad Jharkhand ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ankush Kumari @ Ankush Devi wife of Vikash Rawat R/o- Seva Nichli PsGidhaur Dist- Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Kumar Pandey, Adv For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-01-2024 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 Lakshmipur P.S. Case No. 224 of 2023 dated 18.05.2023 registered for the offences punishable under Sections 498A, 328, 386, 307, 379, 380,120(B) of the Indian Penal Code and section 3⁄4 of the Dowry Prohibition Act.

4. As per the prosecution case, the accused persons abused and assaulted the informant due to the non fulfillment of demand of dowry and on 08.06.2022 accused persons forcibly administered poison for which she was taken for treatment.

Patna High Court CR. MISC. No.76960 of 2023(2) dt.02-01-2024 2/3 Later on, they ousted the informant from her matrimonial home and snatched her belongings.

5. Learned cousnel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is husband of the informant and he never demanded dowry nor tortured. The informant has love affair with another person namely, Abhinash Kumar, who is neighbour of the informant. The photographs of their relationship as well as letters were also available to the petitioner and the petitioner made complaint on 10.06.2022 to Mahila Thana, Dhanbad against his wife and Divorce Case No. 1056 of 2022 was also filed by the informant on the ground of adulatory before family court, Dhanabad. There is general and omnibus allegation against the petitioner who is the husband of the complainant. 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.

Patna High Court CR. MISC. No.76960 of 2023(2) dt.02-01-2024 3/3 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 opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the above named petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, be released on anticipatory bail on furnishing bail bonds of Rs 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of the Learned Judicial Magistrate-I Jamui in Lakshmipur Case No. 224 of 2023 subject to condition as laid down under Section 438(2) of the Cr.P.C.

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 reconciliation or one time settlement.

9. The application stands allowed.

(Chandra Prakash Singh, J) N.K/- U T