Rajesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29988 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -MAHILA P.S. District- MADHUBANI ======================================================

1. Rajesh Kumar Son of Mahendra Mishra, Resident of Village- Nagarpatti, P.S.- Rajnagar, District- Madhubani.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Aprajita Jha D/o Dibakar Jha, R/o Village- Bihahi , P.S.- Kslwahi, District- Madhubani.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Soban Asghar For the Opposite Party/s : Mr. Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel appearing on behalf of the State.

The petitioner is apprehending her arrest in connection with Madhubani Mahila P.S. Case No. 10 of 2017 for the offence instituted under Sections 498(A), 323, 354(B)/34 of the Indian Penal Code and 3/4 of D.P. Act.

The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the 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.29988 of 2017 (2) dt.13-07-2017 2/2 of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 Madhubani Mahila P.S. Case No. 10 of 2017 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhubani, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T