Saurabh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72824 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== SAURABH SINGH Son of Shivaji Singh @ Sri Shivaji singh Resident of Village -Rohankhi, P.S.- Iliyas, Distt.- Chandauli (U.P.). ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Prachi Singh W/o Saurabh Singh, D/o Sri Brahmdeo Singh Resident of Village - Piyan, P.S.- Sonhan, Distt.- Kaimur at Bhabua. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Jagdhar Prasad, APP For O.P. No. 2 :

Mr. Pawan Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for O.P. No. 2. The matter has been pending since 2019. Hence, the petitioner presses that let the order be passed on merit. The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 498A, 34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment 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 petitioner. The petitioner has falsely been implicated in the present case due to petty family

Patna High Court CR. MISC. No.72824 of 2019(4) dt.27-09-2021 2/2 dispute. 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 O.P. No. 2, it is submitted that the petitioner is named in the 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 twelve 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 learned S.D.J.M., Kaimur at Bhabua in connection with Mahila (Bhabua) P.S. Case No. 62 of 2019, 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