Chandan Kumar Singh vs The State Of Bihar on 11 March, 2022

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Patna High Court - Orders

Chandan Kumar Singh vs The State Of Bihar on 11 March, 2022

Bench: Sudhir Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11323 of 2022
                  Arising Out of PS. Case No.-193 Year-2020 Thana- GAMAHARIYA District- Madhepura
                 ======================================================
                 CHANDAN KUMAR SINGH Son of Ram Nath Singh Resident of Village -
                 Bambani Ward no.13, P.s.- Gamhariya, Distt.- Madhepura.
                                                                         ... ... Petitioner/s
                                                  Versus
           1.     THE STATE OF BIHAR
           2.     Bebi Kumari W/o Chandan Kumar Singh Resident of Village - Ward no.7,
                  P.O.- Babhangama Katti (Tilhathi Koichari), P.s.- Hanuman Nagar, Distt.-
                  Saptari (Nepal 56407), at Present resided at Village - Bamani , Ward No.13,
                  P.s.- Gamhariya, Distt.- Madhepura.
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Binay Kumar Singh, Adv
                 For the Opposite Party/s :     Mr.Humayou Ahmad Khan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                       ORAL ORDER
2   11-03-2022

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

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in Gamhariya P.S. Case No. 193 of 2020 registered under Sections 341, 323, 379, 354, 427, 498(A), 504, 506/34 of the Indian Penal Code.

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. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Patna High Court CR. MISC. No.11323 of 2022(2) dt.11-03-2022 2/2 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 Mrs. Suravi Srivastava, learned Judicial Magistrate-Ist Class, Madhepura in connection with Gamhariya P.S. Case No. 193 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The petitioner is directed to co-operate during the trial. If the petitioner does not co-operate during the trial, the court below will be at liberty to cancel the bail bonds of the petitioner.

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

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Patna High Court - Orders