Ajit Kumar @ Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78851 of 2019 Arising Out of PS. Case No.-106 Year-2019 Thana- MAHILA P.S. District- Bhojpur ====================================================== AJIT KUMAR @ RAJIV KUMAR Son of Ayodhya Prasad Keshari Resident of Village - Jagdishpur Mangorichauk, Akhouri Mohalla, Ward No.8, P.S.- Jagdishpur, Distt.- Bhojpur.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sapana Kumari W/o Ajit Kumar @ Rajiv Kumar Resident of Village - Jagdishpur Mangorichauk, Akhouri Mohalla, Ward No.8, P.S.- Jagdishpur, Distt.- Bhojpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Ashok Kumar Singh, Advocate For the State :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-08-2021 None appears on behalf of the opposite party No.2. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

The petitioner is apprehending his arrest in connection with Mahila P.S. case No.106 of 2019 registered under Sections 341, 323, 313, 504, 506, 426, 498A/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture and assault 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

Patna High Court CR. MISC. No.78851 of 2019(5) dt.31-08-2021 2/3 allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no medical evidence in support of the allegation in respect of Section 313 of I.P.C. Rest of the offences are 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/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 his personal bond to the satisfaction of learned Sub Divisional Judicial Magistrate, Bhojpur at Arrah in connection with Mahila (Bhojpur) P.S. case No.106 of 2019, 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

Patna High Court CR. MISC. No.78851 of 2019(5) dt.31-08-2021 3/3 with the aforesaid case.

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