Amresh Das vs The State Of Bihar And Anr on 26 February, 2019

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Patna High Court - Orders

Amresh Das vs The State Of Bihar And Anr on 26 February, 2019

Bench: Sudhir Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11778 of 2019
                    Arising Out of PS. Case No.-91 Year-2018 Thana- MAHILA P.S. District- Madhubani
                 ======================================================
                 Amresh Das S/o Dev Narayan Das @ Debu Das, resident of village-
                 Bhawanipur, P.S. Sakri, District-Madhubani.

                                                                                   ... ... Petitioner/s
                                                     Versus
                 1. The State of Bihar
                 2. Rinku Devi, wife of Amresh Das, Daughter of Brihaspati Das, presently
                 residing at village-Gandhwari, P.S. Sakri, District-Madhubani.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shailendra Kumar Jha
                 For the Opposite Party/s :       Mrs. Nirmala Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                       ORAL ORDER

2   26-02-2019

Heard learned counsel for the petitioner, O.P. No. 2 and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 498(A), 379, 494/34 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-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that 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 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 Patna High Court CR. MISC. No.11778 of 2019(2) dt.26-02-2019 2/2 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 petitioner is named in the Complaint Case/F.I.R.

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/concerned court, Madhubani in connection with Madhubani Mahila P.S. Case No. 91 of 2018, 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.//-

U      T

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Patna High Court - Orders