Niraj @ Niraj Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6947 of 2017 Arising Out of PS.Case No. -417 Year- 2016 Thana -PHULWARI District- PATNA ====================================================== Niraj @ Niraj Kumar, S/o Satendra Narayan Singh, resident of R-10-1-C, Quarter No.- 643, P.O. and P.S.- Bokaro Steel City, Dist- Bokaro (Jharkhand).
.... .... Petitioner
Versus
1. The State of Bihar.
2. Surabhi Ranjan daughter of Uday Prasad Singh, resident of MohallaVishal Nagar, P.S.- Phulwari Sharif, Dist.- Patna. .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Binoy Kumar For the Opposite Party/s : Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-02-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel appearing on behalf of the State.
The petitioner is apprehending his arrest in connection with Phulwari Sharif P.S. Case No. 417 of 2016 for the offences instituted under Sections 498A/34 of the Indian Penal Code and Section 3⁄4 of D.P. Act.
The allegation against the accused persons including the petitioner is of subjecting the mental and physical torture upon the informant for demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation
Patna High Court Cr.Misc. No.6947 of 2017 (2) dt.14-02-2017 2/2 of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. On behalf of the State and the counsel for the informant it has been submitted that the informant is not ready to live with the petitioner.
Considering the fact that there is no chance of reconciliation between the parties, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Phulwari Sharif P.S. Case No. 417 of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Smt. Shema Eran, J.M. 1st class, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Amit/- U T