Patna High Court - Orders
Bibek Poddar @ Bibek Kumar vs The State Of Bihar on 7 July, 2023
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35540 of 2023
Arising Out of PS. Case No.-547 Year-2021 Thana- KHAGARIA COMPALINT CASE
District- Khagaria
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Bibek Poddar @ Bibek Kumar, Son Of Umesh Kumar Poddar, Resident Of
Village -Singhiya Bujurg, North, Ward No 4, P.S.- Bibhutipur, District-
Samastipur.
... ... Petitioner
Versus
1. The State of Bihar.
2. Neha Kumari Poddar, Daughter of Rajiv Kumar Poddar, permanent address-
Umesh Kumar Poddar, R/O Village- Singhiya Bujurg, North Ward No. 04,
P.S.- Bibhutipur, Distt- Samastipur, At present address- Post Office Road
Khagaria, Ward No. 20 (Shyamlal Trust Board, Near), P.S. and Distt-
Khagaria.
... ... Opposite Parties
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Appearance :
For the Petitioner : Mr. Binod Kumar, Advocate.
For the O.P. No. 2 : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 07-07-2023Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned A.P.P. for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 147, 323, 498(A)/34 of the I.P.C. and ¾ of the D.P. Act.
Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.
It has been submitted by learned counsel for the Patna High Court CR. MISC. No.35540 of 2023(2) dt.07-07-2023 2/3 petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is the husband of the victim. The case is triable by the Magistrate. The petitioner has further 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 learned counsels for the State and the opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.
Considering the aforesaid facts and circumstances, let 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 learned court below/concerned court, in connection with Complaint Case No. 547C of 2021, 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 Patna High Court CR. MISC. No.35540 of 2023(2) dt.07-07-2023 3/3 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. 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)
U.K.
U T