Patna High CourtCR. MISC./16909/2018bail granted

Prabhash Kumar Singh v. State Of Bihar And ANR

2018-03-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16909 of 2018 Arising Out of PS. Case No.-401 Year-2017 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== Prabhash Kumar Singh, son of Subhit Prasad Singh, Resident of Village Chhoti Mangrappa, P.S. Asarganj, District- Munger. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Binita Kumari, Wife of Prabhash Kumar Singh D/o Parmanand Mandal, R/o Village Lohchi, P.S. Haveli Kharagpur, Dist.- Munger. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. CHAUBEY JAWAHAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case in which cognizance has been taken under Sections 498A, 323, 504 of the Indian Penal Code and 4 of Dowry Prohibition Act. 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

Patna High Court Cr.Misc. No.16909 of 2018(2) dt.27-03-2018 2/2 present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has 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 Complaint Case/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 S.D.J.M., Munger in connection with Complaint Case No. 401(C)/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T