Kripa Shankar Thakur @ Mukul Kumar @ Kripa Shankar Tiwari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51258 of 2017 Arising Out of PS.Case No. -262 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Kripa Shankar Thakur @ Mukul Kumar @ Kripa Shankar Tiwari, Son of Sri Kawal Thakur, R/o Vill.- Gaura, P.S.- Bihiyan, Distt.- Bhojpur at Ara, at present Jai Prakash Nagar, near Baithal Mission School, P.S. Kaknke, District- Ranchi, Jharkhand.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Kusbu Kumari @ Mikee Kumari, W/o Kripa Shankar Tiwari, D/o Sri Sanjay Sharma, R/o Vill.- Siya Rampur, P.S.- Paliganj, Distt.- Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Rajiv Ranjan Kr. Pandey For the Opposite Party/s : Mr. Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the O.P. No.2. The petitioner seeks bail in a case instituted under Sections 406, 498A, 341, 323, 504/34 of the Indian Penal Code and 3⁄4 of D.P. Act.

The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.08.2017. The petitioner has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.51258 of 2017 (2) dt.09-11-2017 2/2 witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the state and counsel for the O.P. No.2, it has been submitted that the petitioner is named in the Complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri R. N. Singh, J.M., Danapur, in connection with Complaint case No.262(c)/2016. (Sudhir Singh, J) Amit/- U T