Kundan Raj Verma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12459 of 2018 Arising Out of PS. Case No.-130 Year-2017 Thana- PALIGANJ District- Patna ====================================================== Kundan Raj Verma S/o Late Anil Verma, Resident of Shanti Nagar, P.S.- Paliganj, Distrit-Patna ... ... Petitioner/s

Versus

1. The State of Bihar

2. Kaushlya Verma, W/o Kundan Raj Verma, R/o Shanti Nagar, P.S. Paliganj, District-Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nagmani Kumar For the Opposite Party/s :

DR. INDIWAR KUMARI ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2 The petitioner is apprehending his arrest in a case registered under Section 498A/34 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 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. The petitioner has relied upon the judgment of this Court in the case

Patna High Court Cr.Misc. No.12459 of 2018(2) dt.07-03-2018 2/2 of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. From perusal of the order passed by the Sessions Court, it appears that process of reconciliation had taken place, but the opposite party No.2 had denied to settle the dispute.

On behalf of the State and learned counsel for the opposite party No.2, 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 S.D.J.M., Danapur in connection with Paliganj P.S. case No.130 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T