← Library
Patna High CourtCR. MISC./77429/2019bail granted

Santosh Kumar Singh v. The State Of Bihar

2021-11-16Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77429 of 2019 Arising Out of PS. Case No.-541 Year-2018 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== SANTOSH KUMAR SINGH Son of Ashok Kumar Singh Resident of Village - Kadsara, P.S.- Rafiganj, District- Aurangabad ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Renu Singh @ Nitu Singh Wife of Santosh Kumar Singh, D/O - Late Devwansh Singh At present resident of Village and P.O. - Danwar, P.S.- Kuchwan, District- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Shailesh Kumar Singh, Advocate For the State :

Mr.Madan Kumar, APP For opposite party No.2 :

Mr. Ravi Shankar Sahay, Advocate Mr. Chandra Mohan Jha, Advocate Mr. Rakesh Kr. Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-11-2021 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 connection with (Bikramganj Rohtas) Complaint case No.541/2018 registered under Section 498A of the Indian Penal Code. 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 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.77429 of 2019(5) dt.16-11-2021 2/3 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 A.C.J.M., Bikramganj (Rohtas) in connection with Bikramganj (Rohtas) Complaint case No.541/2018, 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. In case, any such application is made by either of the parties, the court below shall

Patna High Court CR. MISC. No.77429 of 2019(5) dt.16-11-2021 3/3 refer the matter to the District Mediation Centre. (Sudhir Singh, J) Narendra/- U T