Chandrashekhar Prasad Akela @ Chandrashekhar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81151 of 2019 Arising Out of PS. Case No.-2985 Year-2018 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== CHANDRASHEKHAR PRASAD AKELA @ CHANDRASHEKHAR SINGH Son of Late Ramchandra Singh Resident of Village- Adharpur, P.S.- Sadar, District- Samastipur. At present Resident of 428/3, Ward No. 10 Near Tokoholia, Gorachak, Shankar Nagar, P.S.- Durg, District- Durg, StateChhatisgarh. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rekha Singh Wife of Chandrashekhar Prasad Akela @ Chandrashekhar Singh, D/O Mahavir Singh Resident of Khesrahi, P.S.- Patepur, DistrictVaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Surendra Kishore Thakur, Advocate For the State :

Mr.Uday Pratap Singh, APP For opposite party No.2 :

Mr.Amit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-03-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner is apprehending his arrest in a case registered under Sections 498A, 494 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 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.81151 of 2019(4) dt.08-03-2022 2/3 petitioner. The petitioner has falsely been implicated in the present case. 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 and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Rajnish Ranjan, Additional Chief Judicial Magistrate-13, Vaishali at Hajipur in connection with Complaint case No. C1-2985/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The petitioner is directed to co-operate during the trial. If the petitioner does not co-operate during the trial, the court below will be at liberty to cancel the bail bonds of the petitioner.

Patna High Court CR. MISC. No.81151 of 2019(4) dt.08-03-2022 3/3 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. In case, any such application is made by either of the parties, the court below shall refer the matter to the District Mediation Centre. (Sudhir Singh, J) Narendra/- U T