Kundan Kumar @ Kumar Kundan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1130 of 2017 Arising Out of PS.Case No. -54 Year- 2016 Thana -MAHILA PS District- GAYA ======================================================

1. Kundan Kumar @ Kumar Kundan son of Anil Sharma, resident of village- Chakand Mira Bigha, P.S.- Chandauti (Chakand), Dist.- Gaya .... .... Petitioner

Versus

1. State of Bihar

2. Rupa Kumari Sharma, D/o Late Shivnandan Sharma, resident of Mohalla- Badhai Tola, P.S. Sherghati, District- Gaya .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Nilendu Kumar Choudhary For the Opposite Party/s : Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Mahila P.S. Case No. 54 of 2016 for the offences instituted under Sections 498(A), 323, 504, 506 and 34 of the Indian Penal Code and Section 3⁄4 of D.P. Act.

The allegation against the petitioner is of torturing the informant mentally and physically due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The informant is in habit of filing such cases against

Patna High Court Cr.Misc. No.1130 of 2017 (2) dt.13-01-2017 2/2 the petitioner. On previous occasion also a similar case was instituted by the informant, in which the petitioner has been granted bail.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory 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 Mahila P.S. Case No. 54 of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T