Sunil Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10776 of 2018 Arising Out of PS.Case No. -2130 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Sunil Kumar, S/o Sri Surya Narayan Yadav, R/o Village- Shishwa Barhi, P.S.- Phul Paras, District- Madhubani.
.... .... Petitioner
Versus
1. The State of Bihar.
2. Kiran Bharti, W/o Sunil Kumar, D/o Sri Jai Prakash, R/o Village- Sheo Nagar Khemanichak Near Ford Hospital Bye Pass Road, P.S.- Ram Krishna Nagar, District- Patna.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Ratanakar Jha, Advocate. For the State : Mr. Nand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-02-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 323, 379, 504 and 498(A) of the IPC.
The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the
Patna High Court Cr.Misc. No.10776 of 2018 (2) dt.26-02-2018 2/2 petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has further 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 learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.
Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned Sub Judge-XIII, Patna, in connection with Complaint Case No. 2130 (C) of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T