Neeraj Kumar @ Niraj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72 of 2018 Arising Out of PS.Case No. -142 Year- 2014 Thana -SALIMPUR District- PATNA ====================================================== Neeraj Kumar @ Niraj Kumar, Son of Sachita Singh, R/V- Lohra, P.S. Harnaut, District-Nalanda.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Chinku Devi, W/O Niraj Kumar, D/O Baidnath Prasad, R/V- Vidhipur, P.S. Salimpur, District-Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Anuj Kumar, Advocate. For the State : Mr. Tarun Prasad Mandal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-01-2018 Heard learned counsel for the petitioner, learned counsel for opposite party no. 2 and learned A.P.P. for the State. The languishing in custody since 24.11.2017 in a case for the offence registered under Sections 498(A)/34 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 nonfulfillment 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 case is triable by the

Patna High Court Cr.Misc. No.72 of 2018 (2) dt.05-01-2018 2/2 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 and learned counsel for opposite party no. 2, 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. Badh, in connection with Salimpur P.S. Case No. 142 of 2014. U.K./- (Sudhir Singh, J) U T