Mayank Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13703 of 2019 Arising Out of PS. Case No.-480 Year-2018 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) * ====================================================== MAYANK KUMAR, aged about 25 Years (M), Son of Ram Nihor Ram, Resident of Village- Sirbit, P.S.- Chaipur District- Kaimur (Bhabua). ... ... Petitioner

Versus

1.

The State Of Bihar.

2.

Swati Devi, D/o Mahavir Ram, Village- Matiyari, P.S.- Ramgarh, DisttKaimur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Chandra Mohan Jha, Advocate.

For the State :

Mr.Kalyan Shankar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A) of the IPC and 3⁄4 of the D. P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the 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

Patna High Court CR. MISC. No.13703 of 2019(2) dt.06-03-2019 2/2 husband of the victim. On earlier occasion also, the father of the complainant had filed a complaint case against the petitioner under Section 498(A) and other allied Sections of the IPC and 27 of the Arms Act. 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 counsel for the State, 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 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 the learned A.C.J.M.-II, Kaimur at Bhabua, in connection with Complaint Case No. 480 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T