Santosh Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81262 of 2019 Arising Out of PS. Case No.-569 Year-2016 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== SANTOSH BIND, Male, aged about 38 years, Male, Son of Late Rambriksh Bind, Resident of Village- Bishhuliya, P.S.- Chainpur, District- Kaimur at Bhabua.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

Sushila Devi, Wife of Santosh Bind, Resident of Village- Vishuliya, P.S.- Chainpur, District- Kaimur at Bhabua, at present address of Village- Ishapur, P.S.- Chainpur, District- Kaimur at Bhabua.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Rajani Kant Pandey, Advocate.

For the State :

Mr.Sanjay Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Section 498(A) of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated

Patna High Court CR. MISC. No.81262 of 2019(2) dt.18-12-2019 2/3 in the present case due to petty family dispute. The petitioner is the husband of the victim. The case is triable by the Magistrate. The petitioner has further 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 learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned A.C.J.M.-Ist, Kaimur at Bhabua and/or other transferee court, in connection with Complaint Case No. 569 of 2016, 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

Patna High Court CR. MISC. No.81262 of 2019(2) dt.18-12-2019 3/3 reconciliation or one time settlement.

(Sudhir Singh, J) U.K./- U T