Amresh Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7746 of 2018 Arising Out of PS.Case No. -1718 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Amresh Singh, S/O Ramakant Singh, R/V- Tikari, P.S. Lanka, DistrictVaranasi, Uttar Pradesh. .... .... Petitioner

Versus

1. The State of Bihar.

2. Shalini Sinha @ Shalini Singh, W/O Shree Amresh Singh, R/V- P.O. Tikari, P.S. Lanka, District- Varanashi (U.P.) and D/O Shree Krishna Kishore Sinha, at present resident of Kadamkuan, North of Congress Maidan P.O. + P.S. Kadamkuan, District-Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Mukesh Kant, Advocate. For the State : Mr. Sanjay Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A), 323 of the IPC and 3⁄4 of the D.P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There

Patna High Court Cr.Misc. No.7746 of 2018 (2) dt.07-02-2018 2/2 is no allegation of tampering with the 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 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 S.D.J.M. Patna, in connection with Complaint Case No. 1718 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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