Dharmveer Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82884 of 2019 Arising Out of PS. Case No.-558 Year-2019 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== DHARMVEER KUMAR, Male, aged about 33 years, Son of Rajendra Prasad, Resident of Village - Meyar, P.S.- Noorsarai, Distt - Nalanda. ... ... Petitioner

Versus

1.

The State Of Bihar.

2.

Shalini Kumari, Female, aged about 28 years, Wife of Dharmveer Kumar, D/o Anil Kumar, Resident of Village - Bangali Para, Shivasthan Colony, P.S. - Rajgir, Distt - Nalanda.

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

For the Petitioner :

Mr.Anil Chandra, Advocate.

For the State :

Mrs. Pushpa Sinha.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-12-2019 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 Sections 498(A), 494 of the IPC and 4 of the D. P. Act.

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.

Patna High Court CR. MISC. No.82884 of 2019(2) dt.13-12-2019 2/3 There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated 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 S.D.J.M. Nalanda at Biharsharif, in connection with Complaint Case No. 558C of 2019, 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

Patna High Court CR. MISC. No.82884 of 2019(2) dt.13-12-2019 3/3 matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

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