Anand Jaiswal @ Rinku @ Anand Mukesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84192 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- MANIHARI District- Katihar ====================================================== ANAND JAISWAL @ RINKU @ ANAND MUKESH S/o Late Arun Prasad Jaiswal Resident of Mohalla- Thana, Road, Hajipur Ward No.18, P.S. and Distt- Khagaria.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sangita Jaiswal W/o Anand Jaiswal, D/o Ramashankar Jaiswal Resident of Village- Banipur, (Santhal Tola), P.S.- Manihari, Distt- Katihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad, APP For O.P. No. 2 :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode. None appears on behalf of O.P. No. 2.

The petitioner is apprehending his arrest in a case registered under Sections 498A, 323 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

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

Patna High Court CR. MISC. No.84192 of 2019(6) dt.06-09-2021 2/3 petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. 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, it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned S.D.J.M., Katihar in connection with Manihari P.S. Case No. 79/2019, G.R. No. 928/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

If so advised, either of the parties will be at liberty to

Patna High Court CR. MISC. No.84192 of 2019(6) dt.06-09-2021 3/3 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) Pankaj/- U T