Pintu Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.40960 of 2017 (2) dt.25-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40960 of 2017 Arising Out of PS.Case No. -546 Year- 2015 Thana -MANER District- PATNA ====================================================== Pintu Kumar son of Prabhunath Rai, resident of village Dudhaila, Police Station Maner, District Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rambha Devi daughter of Dindayal Rai, wife of Pintu Kumar, resident of village Digha, Polshan road, Police Station Digha, District Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Naushad Akhtar, Advocate For the Opposite Party/s : Smt Sangeeta Sharma, 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, 323/34, 498A of the Indian Penal Code and 3⁄4 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 present case due to petty family dispute. The case is triable by the Magistrate. The

Patna High Court Cr.Misc. No.40960 of 2017 (2) dt.25-08-2017 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 Mr. Randhir Kumar, Judicial Magistrate, 1st class, Danapur in connection with Maner P.S. case No.546 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T