Satya Narayan Pal @ Satan Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1261 of 2020 Arising Out of PS. Case No.-2227 Year-2009 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SATYA NARAYAN PAL @ SATAN PAL Son of Late Ram Babu Pal Resident of Karorichak, P.S.- Phulwarisharif, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Meena Devi Wife of Satya Narayan @ Satan Pal Resident of Phulwarisharif, Near Phulwarithana, P.S.- Phulwarisharif, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Niranjan Parihar, Advocate For the State :

Mr.Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2021 The present application has been filed on 10.01.2020. Vide order dated 24.02.2020, notices were issued upon the opposite party No.2 by a Co-ordinate Bench of this Court. As per the office note dated 04.10.2021, it has been pointed out that due to Covid-19 pandemic notices could not be served upon the opposite party No.2.

Counsel for the petitioner submits that the application be heard on merit since it has been pending for more than one and half years.

Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

The petitioner is apprehending his arrest in connection

Patna High Court CR. MISC. No.1261 of 2020(3) dt.29-10-2021 2/3 with Complaint case No.2227(c) of 2009 registered under Sections 498A, 324, 341 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 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, 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. Priya Shekhar, J.M. 1st class, Patna in connection with Complaint case

Patna High Court CR. MISC. No.1261 of 2020(3) dt.29-10-2021 3/3 No.2227(c) of 2009, 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 refer the matter to the District Mediation Centre. (Sudhir Singh, J) Narendra/- U T