Shashi Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10343 of 2017 Arising Out of PS. Case No.-103 Year-2016 Thana- GOVINDPUR District- Nawada ====================================================== Shashi Kumar Son of Sharif Ravidas, Resident of Village- Chhotaki Khaira Khurd Tola Horildih, P.S.- Govindpur, District- Nawada. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Sudama Ravidas, Son of Late Tilak Ravidas, Resident of Village- Ranka Jalalpur, P.S.- Meshkaur, District- Nawada, at present- B.S.L. Jhopari Colony, P.O. Shivdih, P.S. Marafari, District-Bokaro, Mobile No. 8877118874. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Arjun Prasad, Advocate For the State :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-02-2018 None 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 and 3⁄4 of Dowry Prohibition Act.
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 the petitioner has got no criminal antecedent. There is no allegation
Patna High Court Cr.Misc. No.10343 of 2017(9) dt.05-02-2018 2/3 of tampering of 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 Magistrate. Vide Annexure-2, the father of the petitioner had instituted a case regarding missing of the daughter of opposite party No.2. The witnesses in paragraphs 62 and 71 of the case diary have stated that the daughter of the oppoiste party No.2 has eloped with some other person after the marriage. The letter of the victim (Annexure-3 to the present application), also supports the aforesaid fact. 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 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 C.J.M., Nawada in connection with Govindpur P.S. case No.103 of 2016, subject to the
Patna High Court Cr.Misc. No.10343 of 2017(9) dt.05-02-2018 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T