Ravi Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79517 of 2019 Arising Out of PS. Case No.-175 Year-2019 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== RAVI PRAKASH Son of Rambachan Singh Resident of Village - Prasad Vigaha, P.O. - Sansa, P.S.- Daudnagar, District - Aurangabad (Bihar) and at present posted as Asistant Branch Manager, Bank of Baroda, BranchBariyavan, P.S. - Batkhari, District - Ambedkarnagar, Utter Pradesh.. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sashibala Kumari Wife of Ravi Prakash Resident of Village - Prasad Vigaha, P.O. - Sansa, P.S.- Daudnagar, District - Aurangabad (Bihar) and daughter of Girjanandan Singh, resident of Mohalla - patel Nagar, near Murti Niwas Ankodhi College, P.O. and P.S.- Daudnagar, District- Aurangabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Yugal Kishore, Advocate Mrs. Rupa Kumari, Advocate For the State :

Mr.Narendra Kumar Singh, APP For opposite party No.2 :

Mr.Ashok Kumar Singh 3, Advocate ====================================================== 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 the opposite party No.2. The matter has been pending since 2019. Hence, the learned counsel for the petitioner presses that let the order be passed on merit.

The petitioner is apprehending his arrest in connection with Complaint case No.175/2019 registered under Sections 498(A), 323, 379 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act, but cognizance has been taken under Section 498A of I.P.C. and 4 of Dowry Prohibition Act.

Patna High Court CR. MISC. No.79517 of 2019(4) dt.27-09-2021 2/3 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. 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 learned S.D.J.M., Daudnagar at Aurangabad in connection with Complaint case No.175/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.79517 of 2019(4) dt.27-09-2021 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