Ajay Kumar Sinha @ Ajay Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16048 of 2018 Arising Out of PS.Case No. -754 Year- 2017 Thana -DANAPUR District- PATNA ======================================================

1. Ajay Kumar Sinha @ Ajay Kumar Singh S/o Late Hemchand Sinha, R/o Flat No. 302, Nilgiri Appartment, Near R.P.S. Law Collage, Raghunath Path, R.P.S. More, P.S.- Danapur, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Pummi Kumari W/o Ajay Kumar Sinha, R/o Flat No. 302, Nilgiri Apartment, Near R.P.S. Law College, Raghunath Path, R.P.S. More, P.S.- Danapur, District- Patna.

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

For the Petitioner/s : Mr. Radha Mohan Singh For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-03-2018 Heard learned counsel for the petitioner, learned APP for the State and the counsel appearing for opposite party No. 2 . The petitioner is apprehending his arrest in a case registered under Sections-498A, 341, 323, 324, 308 and 504 of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment 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.16048 of 2018 (2) dt.22-03-2018 petty family dispute. Except the offence u/S 308 of the IPC, all other sections are 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 is named in the Complaint Case/F.I.R.

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 Additional Chief Judicial Magistrate, Danapur, Patna in connection with Danapur P.S. Case No. 754 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T