Patna High Court - Orders
Rishikesh Kumar @ Kurkur vs State Of Bihar & Anr on 11 October, 2018
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63450 of 2018
Arising Out of PS. Case No.-773 Year-2017 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
======================================================
Rishikesh Kumar @ Kurkur, Son of Subodh Chaudhary @ Karnal, resident
of Village and Post Office- Amarpur, Police Station- Bihpur, District-
Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Komal Kumari, Wife of Rishikesh Kumar @ Kurkur, Daughter of Dhananjay
Rai, resident of Village and Post Office- Amarpur, Police Station- Bihpur,
District- Bhagalpur. At present residing at Village- Daniyalpur Chakdaha,
Ward No. 17, Police Station- Teghara, District- Begusarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ram Naresh Sharma, Advocate
For the State : Mr. Binod Kumar 2, APP
For opposite party No.2 : Mr. Ashok Kumar, Advocate
Mr. Mohit Shrivastava, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 11-10-2018Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2.
The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code and ¾ of Dowry Prohibition Act.
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 due to petty family Patna High Court Cr.Misc. No.63450 of 2018(2) dt.11-10-2018 2/2 dispute. 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 and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the complaint case.
Considering the aforesaid facts and circumstances, let the petitioner, 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) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Begusarai in connection with Complaint case No.773(c) 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.
Narendra/- (Sudhir Singh, J) U T