Manoj Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.40637 of 2017 (2) dt.25-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40637 of 2017 Arising Out of PS.Case No. -293 Year- 2017 Thana -DANAPUR District- PATNA ======================================================

1. Manoj Kumar Son of Sohawan Mistri, R/o Village- Saguna Mainpura Behind Kali Mandir, P.S.- Danapur, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Nisha Kumari W/o Manoj Kumar, D/o Subodh Kumar Vishwkarma, R/o Village- Saguna mainpura Behind Kali mandir, P.S.- Danapur, DistrictPatna. At present Resident of Ramjeechak Patel Gali Bataganj, P.S.- Digha, District- Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s : Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 498A, 504, 506 and 509/34 of the Indian Penal Code.

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 there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court Cr.Misc. No.40637 of 2017 (2) dt.25-08-2017 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 is submitted that the petitioner is named in the F.I.R.

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 Additional Chief Judicial Magistrate, Danapur, District Patna in connection with Danapur P.S. case No.293 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T