Patna High CourtCR. MISC./27334/2017disposed

Prakash Kumar Sharma v. State Of Bihar And ANR

2017-11-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27334 of 2017 Arising Out of PS. Case No.-2711 Year-2015 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Prakash Kumar Sharma son of Late Sudhakar Sharma, resident of village Koili, Police Station Nanpur, District Sitamarhi ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Archana w/o Prakash Kumar Sharma, resident of village Koili, Police Station Nanpur, District Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Sunil Kumar, Advocate For the State :

Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2017 No one appears on behalf of the opposite party No.2. 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. The petitioner was granted provisional anticipatory bail by order dated 01.07.2017.

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 there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court Cr.Misc. No.27334 of 2017(6) dt.23-11-2017 2/2 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 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, the provisional bail gratned to the petitioner by order dated 01.07.2017 is confirmed in connection with Complaint case No.2711 of 2015 (Trial No.350 of 2016) pending in the court of Additional Chief Judicial Magistrate I, Muzaffarpur. (Sudhir Singh, J) Narendra/- U