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Patna High CourtCR. MISC./27243/2018bail granted

Shailesh Kumar v. State Of Bihar And ANR

2018-05-04Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27243 of 2018 Arising Out of PS. Case No.-462 Year-2012 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== Shailesh Kumar, Son of Laxman Prasad Singh, Resident of Mohalla- Purani Durga Sthan, P.S.- Sultanganj, District- Bhagalpur and Geeta Niwas Holding No. 2284, Street No. 4 Bihari Colony, P.S. Sahdara, Delhi- 32 Presently working and residing at prayware Studies Asia Private Limited 167 Jalan Buquet Mairat- 02-23 Conasion-1 Tower 4 P.S.- Global Singapore. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Amita Kumari, Wife of Shailesh Kumar, D/o Late Ashok Mandal, R/o Mohalla- Patel Nagar, Madhopur, Thana- Kotwali, District- Munger. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar For the Opposite Party/s :

Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code and 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 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

Patna High Court Cr.Misc. No.27243 of 2018(2) dt.04-05-2018 2/2 the Magistrate. The complainant is in habit of instituting cases for similar offence against the petitioner and his other family members. 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 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 C.J.M., Munger in connection with Complaint case No.462C of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T