Vijay Kapar @ Bijay Kaper @ Bijoy Kaper v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38114 of 2017 Arising Out of PS.Case No. -2608 Year- 2008 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== VIJAY KAPAR @ BIJAY KAPER @ BIJOY KAPER son of Suresh Kapar resident of village More Sahapur, Police Station Khanpur and District Samastipur.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Nitu Devi wife of Vijay Kapar and daughter of Sri Pawan Kamti at present resident of house of Subhash Yadav, Road no. 4 Mohalla Kajipur, Police Station Kadam Kuan, Town and District Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Apurva Kumar, Advocate. For the State : Mr. Matloob Rab, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 2608 (C) of 2008 for the offences instituted under Section 498(A) of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the complainant 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 with the witnesses alleged against the petitioner. He has

Patna High Court Cr.Misc. No.38114 of 2017 (2) dt.10-08-2017 2/2 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 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 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 Complaint Case No. 2608 (C) of 2008 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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