Manish Kumar @ Chiku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69294 of 2019 Arising Out of PS. Case No.-359 Year-2017 Thana- COMPLAINT CASE District- Lakhisarai ====================================================== MANISH KUMAR @ CHIKU Son of Arjun Singh Resident of Village - Rajpur, P.S.- Piri Bazar, District- Lakhisarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Guria Kumari Wife of Manish Kumar @ Chiku, S/O - Siryug Sharan Singh Permanent Resident (Sasural)- Rajpur, P.O.- Abhaypur, P.S.- Piri Bazar, District- Lakhisarai, at present (Naihar), Resident, P.O. and P.S.- Barhiya, Dhukhharan Tola Ward No. 7, District- Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 498A, 323, 313, 307, 284, 352/34 of the Indian Penal Code and 27 of the Arms Act, but cognizance has been taken under Sections 498A, 323/34 of I.P.C. and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.08.2019 and has got no

Patna High Court CR. MISC. No.69294 of 2019(2) dt.13-11-2019 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. 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 named in the complaint case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Complaint case No.359C of 2017.

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) Narendra/- U T