Raman Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52970 of 2017 Arising Out of PS.Case No. -3796 Year- 2015 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ====================================================== Raman Kumar Singh, S/O Shri Ranbijay Singh, R/V- Kamrain, P.S. Asarganj, District-Munger.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Kaushal Kishore Singh, S/O Late Jay Ballabh Prasad Singh, R/VRampur, P.S. Simari Bakhtiyarpur, District-Saharsa. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Nityanand Mishra, Advocate. For the State : Mr. Akbar Ali, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-11-2017 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 341, 323, 328, 379, 380, 498(A), 504, 506/34 of the IPC and 3⁄4 of the D. P. Act in which cognizance has been taken under Sections 498(A) 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

Patna High Court Cr.Misc. No.52970 of 2017 (2) dt.10-11-2017 2/3 petitioner that the petitioner has falsely been implicated in the present case due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the petitioner. It is further submitted that the present case has been instituted under Sections 341, 323, 328, 379, 380, 498(A), 504, 506/34 of the IPC and 3⁄4 of the D. P. Act but cognizance has been taken under Sections 498(A) of the IPC and 3⁄4 of the D. P. Act. 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 counsels for the State and opposite party no. 2, 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 C.J.M. Saharsa, in connection with Complaint Case No. 3796C/2015 subject to the conditions as laid down under Section 438(2) of the Code of

Patna High Court Cr.Misc. No.52970 of 2017 (2) dt.10-11-2017 3/3 Criminal Procedure.

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