Shivesh Kumar Sinha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26478 of 2018 Arising Out of PS. Case No.-23 Year-2015 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Shivesh Kumar Sinha, Son of Ramanandan Prasad, Resident of VillageBansjora (Nawagarh), P.S.- Baghmara (Madhubani), District- Dhanbad, (Jharkhand).

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Jaya Singh, Wife of Shivesh Kumar Sinha, Daughter of Narendra Kumar Singh, Permanent Address- Resident of Village- Bansjora Nawghar, P.S.- Baghmara Madhuban, P.O. Kharkhar, District- Dhanbad, Jharkhand. Present Address- D/o Narendra Kumar Sinha, Son of Late Uma Charan Lal, resident of Mohalla Canal Road, P.O & P.S. Dehri, District Rohtas (Bihar). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Tiwary For the Opposite Party/s :

Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code and 3⁄4 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

Patna High Court Cr.Misc. No.26478 of 2018(2) dt.01-05-2018 2/2 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 Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, 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 Chief Judicial Magistrate, Rohtas at Sasaram in connection with Complaint case No.23(c) of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T