Sushil Kumar @ Om Prakash Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41372 of 2018 Arising Out of PS. Case No.-134 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Sushil Kumar @ Om Prakash Kumar S/o Late Deolal Singh, R/o Vill.- Fatehpur, P.S.- Dhanarua, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Ranjusha Devi W/o Sushil Kumar @ Om Prakash Kumar D/o Shri Surendra Singh, R/o Vill.- Fatehpur, P.S.- Dhanarua, District- Patna , At present residing at Mohalla- Pakri, P.S.- Beur, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar Singh For the Opposite Party/s :
Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the O.P. No. 2. The petitioner is apprehending his arrest in a case in which cognizance has been taken under section 498A of the Indian Penal Code.
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 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. On the earlier occasion also, the victim and her family members have instituted case for similar offence against the petitioner and his family members. The case is
Patna High Court Cr.Misc. No.41372 of 2018(2) dt.17-07-2018 2/2 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, 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 Shri Ranjay Kumar, Judicial Magistrate, 1st Class, Masaurhi in connection with Complaint Case No. 134(C)/2017, 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) Pankaj/- U T