Patna High Court - Orders
Shashibhushan Kumar Singh @ ... vs State Of Bihar & Anr on 29 October, 2018
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.65436 of 2018
Arising Out of PS.Case No. -3275 Year- 2017 Thana -VAISALI COM PLAINT CASE District-
VAISHALI(HAJIPUR)
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1. Shashibhushan Kumar Singh @ Shashibhushan Singh, S/o Late
Chandeshwar Singh, &
2. Induwala Sinha @ Indduwala W/o Shashi Bhushan Kumar Singh @
Shashi Bhushan Singh
Both residents of Village-Kalapahar, P.S. Jandaha, District-Vaishali
.... .... Petitioner/s
Versus
State of Bihar & Anr
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Manish Chandra Gandhi
For the Opposite Party/s : Mr. Aditya Narayan Singh 1
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 29-10-2018Heard learned counsel for the petitioners, O.P. No. 2 and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 323, 379, 498A of the Indian Penal Code and ¾ of Dowry Prohibition Act.
Allegation against the petitioners is of committing torture upon the victim due to non-fulfillment of demand of dowry.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The Patna High Court Cr.M isc. No.65436 of 2018 (2) dt.29-10-2018 Page 2 of 2 petitioners have 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 and O.P. No. 2, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XV, Vaishali at Hajipur in connection with Complaint Case No. 3275 of 2017, 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./-
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