Patna High CourtCR. MISC./42860/2017bail granted

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

2017-09-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42860 of 2017 Arising Out of PS.Case No. -383 Year- 2016 Thana -COMPLAINT CASE District- KISANGANJ ======================================================

1. Ajay Kumar Singh @ Ajay Kumar, son of Late Satyanarayan Kumar @ Late Satyanarayan Singh, Resident of Village- Pothimari, Police StationDighalbank, in the district of Kishanganj. .... .... Petitioner

Versus

1. The State of Bihar.

2. Ruma Devi, Wife of Ajay Kumar Singh @ Ajay Kumar, D/o Sukdeo Prasad Singh, Resident of Village- Pothimari, Police Station- Dighalbank, in the district of Kishanganj, at present Resident of Village- Haskhuar, Bangama, Police Station- Bahadurganj in the district- of Kishanganj. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Case No. C 383 of 2016 for the offence instituted under Section 498(A), 323 of the Indian Penal Code and 4 of D.P. Act. The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. There is no allegation of tampering

Patna High Court Cr.Misc. No.42860 of 2017 (2) dt.15-09-2017 2/2 of witnesses alleged against the petitioner. The case is triable by the Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it has been submitted that the petitioner is named in the Complaint Case.

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 Case No. C 383 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., Kishanganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T