Mrinal Sinha v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45673 of 2017 Arising Out of PS.Case No. -42 Year- 2017 Thana -KANKARBAGH District- PATNA ====================================================== Mrinal Sinha, S/o Sanjay Kumar Singh @ Sanjay Kumar, R/o Kalpna Kutir, Road No. 4, Mahesh Nagar, P.S. Patliputra, District - Patna. .... .... Petitioner
Versus
1. The State of Bihar.
2. Shalini Singh, W/o Mrinal Sinha, D/o Nageshwar Singh Swaraj R/o E - 08, P.C. Colony, P.S. - Kankarbagh, Dist - Patna. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Binod Murari Mishra, Advocate. For the State : Mr. Amit Kumar Rakesh, A.P.P. For the Informant : M/S. Vinay Kumar Mishra, Rakesh Narayan Singh and Kumari Priyanka, Advocates.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2017 Learned counsel for the petitioner is permitted to make necessary correction in paragraph no. 3 of the application, in course of the day.
Heard learned counsels for the petitioner, informant and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Kankarbagh P.S. Case No. 42 of 2017 (G.R. No. 525 of 2017) for the offences instituted under Sections 498(A) of the IPC and 4 of the D. P. Act.
The prosecution story, in brief, is that the accused persons including the petitioner tortured the informant due to non-
Patna High Court Cr.Misc. No.45673 of 2017 (2) dt.19-09-2017 2/2 fulfillment of demand of dowry.
It has been submitted by learned counsel for the 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. 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.
It has been submitted by learned counsels for the State and the informant that the petitioner is named in the F.I.R. 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 Kankarbagh P.S. Case No. 42 of 2017 (G.R. No. 525 of 2017) 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.
(Sudhir Singh, J) U.K./- U T