Arvind Kumar vs The State Of Bihar on 15 February, 2024

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Patna High Court - Orders

Arvind Kumar vs The State Of Bihar on 15 February, 2024

Bench: Chandra Prakash Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34751 of 2023
                  Arising Out of PS. Case No.-2633 Year-2022 Thana- EAST CHAMPARAN COMPLAINT
                                                 District- East Champaran
                 ======================================================
                 ARVIND KUMAR S/O VILAS BHAGAT @ BILAS BHAGAT R/o village-
                 Parsauni Raisi, P.S.-Sahebganj, Dist.-Muzaffarpur

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    THE STATE OF BIHAR Bihar
           2.    KUMARI PINKI @ PINKI DEVI W/O ARVIND KUMAR, D/O PREM
                 BHAGAT R/O village-Khatari, P.S.-Chiraiya, Dist.-East Champaran,
                 Motihari

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Sharda Nand Mishra, Adv.
                 For the Complainant      :    Mr. Madhurendra Kumar, Adv.
                 For the Opposite Party/s :    Mr.Pushpa Sinha.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
                 SINGH
                                       ORAL ORDER

4   15-02-2024

Heard learned counsel for the petitioner and learned counsel for the Complainant as well as learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Complaint Case No. 2633 of 2022 dated 17.10.2022 registered for the offence/s punishable u/ss 498A, 323 and 504 of the Indian Penal Code and 4 of the DP Act.

3. As per the prosecution case, the petitioner and the co- accused persons are alleged to have tortured the Complainant mentally and physically due to non-fulfillment of demand of Rs. 2,00,000/- as dowry.

4. Learned counsel for the petitioner has submitted that Patna High Court CR. MISC. No.34751 of 2023(4) dt.15-02-2024 2/3 the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the Complainant. The petitioner neither demanded any dowry nor tortured the Complainant. There is general and omnibus allegation against the petitioner. Learned counsel has further submitted that the mediation between the parties for amicable settlement has failed. Learned counsel for 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." Learned counsel has further submitted that Section 498A of the IPC is triable by the Magistrate. Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr passed in Criminal Appeal No(s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

5. Learned counsel for the Complainant as well as learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing Patna High Court CR. MISC. No.34751 of 2023(4) dt.15-02-2024 3/3 bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, East Champaran, Motihari in connection with Complaint Case No. 2633 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition/s:-

(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. 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.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/-

U      T

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Patna High Court - Orders