Amit Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8024 of 2018 Arising Out of PS.Case No. -728 Year- 2016 Thana -COMPLAINT CASE District- BANKA ====================================================== Amit Kumar Singh, Son of Umakant Singh, Resident of Village- Kiranpur, P.S.- Bath, District- Bhagalpur.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Neha Kumari, Wife of Amit Kumar, Resident of Village Kiranpur, P.O.- Karhariya, P.S.- Bath, District- Bhagalpur, at present residing at Daughter of Navin Mandal, Village- Karsoup, P.S.- Sambhuganj, District- Banka.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Pranav Kumar Jha, Advocate. For the State : Mr. Manoj Kumar - 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-03-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 23.03.2017 in a case for the offence registered under Sections 498(A) of the IPC and 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 falsely been implicated in the present case due to petty family dispute. There is no allegation of

Patna High Court Cr.Misc. No.8024 of 2018 (3) dt.21-03-2018 2/2 tampering with the witnesses alleged against the petitioner. 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, be released on 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 S.D.J.M. Banka, in connection with Complaint Case No. 728 of 2016. U.K./- (Sudhir Singh, J) U T