Shivnandan Singh @ Shivanand Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40094 of 2017 Arising Out of PS.Case No. -1290 Year- 2014 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ====================================================== Shivnandan Singh @ Shivanand Singh, son of Late Kali Prasad Singh, resident of village - Satkodariya, P.S. K. Nagar, District - Purnea. .... .... Petitioner

Versus

1. The State of Bihar.

2. Rina Devi, W/o Shivnandan Singh, D/O Ram Ekbal Singh, resident of Village - Barganw (Binji) P.O. Binji, P.S. Korha, District Katihar. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Bipin Kumar, Advocate. For the State : Mr. Chandrasen Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-08-2017 Heard learned counsels for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with C.A. No. 1290/2014 for the offences instituted under Section 498(A) of the IPC and 3⁄4 of the D.P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the complainant due to non-fulfillment of demand of dowry.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the

Patna High Court Cr.Misc. No.40094 of 2017 (2) dt.25-08-2017 2/2 petitioner. He has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has further 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. It has been submitted by learned counsel for the State that the petitioner is named in the complaint case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on 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 C.A. No. 1290/2014 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Katihar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T