Vikash Sao @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79280 of 2019 Arising Out of PS. Case No.-250 Year-2019 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== VIKASH SAO @ VIKASH KUMAR Son of Shyam Bihari Sao Resident of Village - Dakshini Lodipur, P.S.- Kako, District - Jehanabad at present resident of Mohalla - Khaskuan, Durga Mandir, P.S.- Tisara, District - Dhanbad (Jharkhand) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lalita Devi Wife of Vikash Sao @ Vikash Kumar Resident of Village - Dakshini Lodipur, P.S.- Kako, District - Jehanabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Paras Nath, Advocate For the State :

Mr.Manoj Kumar, APP ====================================================== 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 Complaint case No.250/19 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.79280 of 2019(3) 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 Smt. Priyanka Kumari, Judicial Magistrate 2nd class, Jehanabad in connection with Complaint case No.250/19, 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.79280 of 2019(3) dt.16-11-2021 3/3 refer the matter to the District Mediation Centre. (Sudhir Singh, J) Narendra/- U T