Vikash Chaudhary @ Vikash Kumar Chaudhary v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60575 of 2018 Arising Out of PS. Case No.-241 Year-2018 Thana- GRIYAK District- Nalanda ====================================================== Vikash Chaudhary @ Vikash Kumar Chaudhary S/o Kailash Chaudhary, R/o Vill.- Giriyak, P.S.- Giriyak, Distt.- Nalanda. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Puja Kumari D/o Krishna Chaudhary, R/o Kako , P.S.- Kako , Distt.- Jehanabad.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Pramod Kumar Verma. Adv.
For the State :
Mr. Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2018 Counsel for the petitioner is permitted to make necessary correction in paragraph 1 of the petition in course of the day. 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 341, 323, 494, 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-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. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of
Patna High Court Cr.Misc. No.60575 of 2018(3) dt.19-11-2018 2/2 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 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 learned A.C.J.M. I, Nalanda at Biharsharif in connection with Giriyak P.S. case No.241 of 2018, 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.
Narendra/- (Sudhir Singh, J) U T