Kundan Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8254 of 2018 Arising Out of PS. Case No.-1633 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Kundan Kumar son of Sri Krishna Murari Sharma, resident of village Kashwan, Police Station Paras Bigha in the district of Jehanabad ... ... Petitioner/s

Versus

1. State Of Bihar

2. Priyanka Kumari w/o Kundan Kumar, D/o Harish Kumar, presently residing at R/o Mohalla Beur, P.S. Beur, Dist. Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Nivedita Nirvikar, Advocate For the State :

SMT. PUSHPA SINHA, APP For opposite party No.2 :

Mr. Amit Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-02-2018 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, 406 of the Indian Penal Code and 3⁄4 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 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 petty family dispute. The case is triable by the Magistrate. The

Patna High Court Cr.Misc. No.8254 of 2018(2) dt.12-02-2018 2/2 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 Sub Divisional Judicial Magistrate, Patna in connection with Complaint case No.1633C of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T