Manish Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45600 of 2017 Arising Out of PS. Case No.-1999 Year-2013 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Manish Kumar S/o Dr. Mukhlal Yadav, resident of village Khiriya Mathiya, P.S. Shikarpur, District West Champaran ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Kaulpati Devi @ Kalyani Devi w/o Mukhlal Yadav, resident of village Khiriya Mathiya, P.S. Shikarpur, District West Champaran, at present address prophesier colony Ram Lakhan Singh Yadav college, P.S. Bettiah Mufassil, Dist. West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gauri Shankar Thakur For the Opposite Party/s :

Mr. SRI ARUN KUMAR PANDEY ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498A, 323 and 504/34 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 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. The petitioner has relied upon

Patna High Court Cr.Misc. No.45600 of 2017(4) dt.09-11-2017 2/2 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 complaint case.

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 Sri N.P. Singh, Judicial Magistrate, 1st class, Bettiah in connection with Trial No.2150 of 2015 arising out of Complaint case No. 1999C of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T