Jagdeo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86538 of 2019 Arising Out of PS. Case No.-675 Year-2017 Thana- COMPLAINT CASE District- Jamui ====================================================== JAGDEO KUMAR S/o Kashi Yadav R/o village- Dhapri, P.S.- Jhajha, District- Jamui ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Taramati Devi @ Taramati W/o Sri Jagdeo Kumar, D/o Chano Yadav R/o village- Dhapri, P.S.- Jhajha, District- Jamui, at present residing at villageJalgodba, P.S.- Gidhaur, District- Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prakash Mahto For the Opposite Party/s :

Mr.Satyavrat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode. None appears on behalf of O.P. No. 2.

The petitioner is apprehending his arrest in Complaint Case No. 675C/2017 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-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

Patna High Court CR. MISC. No.86538 of 2019(3) dt.23-09-2021 2/3 petitioner. The petitioner has falsely been implicated in the present case due to petty family 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, it is submitted that the petitioner is named in the Complaint Case.

Considering the aforesaid facts and circumstances, 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 his personal bond to the satisfaction of learned S.D.J.M., Jamui in connection with Complaint Case No. 675C/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

If so advised, either of the parties will be at liberty to

Patna High Court CR. MISC. No.86538 of 2019(3) dt.23-09-2021 3/3 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