Nirmal Kumar @ Sumit Kumar @ Narmal Sao v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51916 of 2018 Arising Out of PS.Case No. -350 Year- 2017 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ====================================================== Nirmal Kumar @ Sumit Kumar @ Narmal Sao son of Mahadeo Sao @ Mahadeo Prasad, resident of Mohalla- Danapur Bhatha, Panchawati Nagar, P.S. Danapur, District- Patna.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Puja Kumari wife of Nirmal Kumar @ Sumit Kumar daughter of Mahendra Prasad, resident of Karpi, P.S. Karpi, District Arwal. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 323, 498A of the Indian Penal Code and 4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment 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.51916 of 2018 (2) dt.28-09-2018 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/F.I.R.

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 Sub Divisional Judicial Magistrate, Arwal in connection with Complaint Case No. 350C of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T