Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86293 of 2019 Arising Out of PS. Case No.-125 Year-2018 Thana- COMPLAINT CASE District- Lakhisarai ====================================================== PAWAN KUMAR Son of Javahar Saw @ Javahir Saw R/O - Beech Bazar, Harnaut, P.S.- Harnaut, District- Nalanda ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Chandani Kumari Wife of Pawan Kumar R/O - Ward No. 19, Sansar Pokhar, Kiul Basti, P.S. and District- Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the informant : Mr. Mukesh Kumar No. 1, Adv. For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-12-2021 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Section 498A 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 petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is husband of the victim. All the offences are triable by the Magistrate. Counsel for the petitioner has expressed his view for one time settlement. The petitioner has relied upon the

Patna High Court CR. MISC. No.86293 of 2019(4) dt.23-12-2021 2/2 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 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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Lakhisarai in connection with Complaint Case No. 125(C) 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