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Patna High CourtCR. MISC./6133/2018disposed

Deepak Kumar @ Deepak Ram And ANR v. State Of Bihar And ANR

2018-04-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6133 of 2018 Arising Out of PS. Case No.-1271 Year-2016 Thana- BHABHU(KAIMUR) COMPLAIN C District- Bhabhua (Kaimur) ======================================================

1. Deepak Kumar @ Deepak Ram, son of Gulab Ram,

2. Gulab Chand Ram @ Gulab Ram, son of Late Sanehi Ram, Both are Residents of Village- Sigathi, P.S.- Bhabhua, District Kaimur, Bhabhua.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Rinku Devi, wife of Deepak Ram, Daughter of Uma Shankar Ram, Resident of Village- Sigathi, P.S.- Bhabhua, District Kaimur, Bhabhua at present residing at Village Dumar Pokhar, P.S. Mohania, District Kaimur, Bhabhua. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-04-2018 Heard learned counsel for the petitioner no. 1 and learned APP for the State.

The petitioner no. 1 is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code. Allegation against the petitioner no. 1 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 no. 1 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner no. 1. The petitioner no. 1 has falsely been implicated

Patna High Court Cr.Misc. No.6133 of 2018(3) dt.16-04-2018 2/2 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 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 no. 1 is named in the Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner no. 1, 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., Kaimur at Bhabhua in connection with Complaint Case No. 1271 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T