Govind Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79476 of 2019 Arising Out of PS. Case No.-518 Year-2018 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== GOVIND MANJHI Son of Binod Manjhi Resident of Village - Bankatawa Done, P.O.- Serahawa, P.S.- Gobarahiya, Distt.- West Champaran (Bihar) ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Ragini Devi Wife of Govind Manjhi D/o Lalmohan Mahto, Resident of Village - Bankatwa Done, P.O.- Serahawa, P.S.- Gobarahiya, Distt.- West Champaran At present R/o Bankatwa Done, P.O.- Serahawa, P.S.- Gobarahiya, Distt.- West Champaran.

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

For the Petitioner/s :

Mr.Suresh Prasad Sharma For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 323 & 498A of the Indian Penal Code. Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment 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 petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The

Patna High Court CR. MISC. No.79476 of 2019(2) dt.04-12-2019 2/2 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 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 Additional Chief Judicial Magistrate-Ist, Bagaha, West Champaran in connection with Complaint Case No. 518 of 2018, Trial No. 3217 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.

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