Raj Kumar Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47338 of 2017 Arising Out of PS. Case No.-480 Year-2015 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Raj Kumar Yadav Son of Shree Ram Kheli Yadav, R/o Village- Ballochak, P.S.- Dalsingh Sarai, District- Samastipur.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Radha Kumari W/o Raj Kumar Yadav, R/o Village- Ballichak, P.O. Bhagwanpur, Chakshekhu, P.S.- Dalsingh Sarai, District- Samastipur, At present Residing at Radha Kumari, D/o Devendra Rai, Village- Kewta, P.S.- Dalsinghsarai, District- Samastipur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Vinay Kumar Mishra, Advocate For the State :

Mr. Nand Kishore Pd., APP For O.P. No.2 :

Mr. L. K. Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2017 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 Sections 498A and 323 of the Indian Penal Code.

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

Patna High Court Cr.Misc. No.47338 of 2017(3) dt.08-12-2017 2/2 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 and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the complaint case.

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 A.C.J.M. Dalsinghsarai, Samastipur in connection with Complaint case No.480 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T