Sunny v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26222 of 2018 Arising Out of PS. Case No.-1834 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Sunny aged about 35 years, Son of Sri Shiva Prasad, Resident of villageNagawan P.S.- Maner, District- Patna at present Address R/Z/- 38 A, Shainik Enclave, Part-III, C.R.P.F. Camp, Tejatgarh, New Delhi- 72. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Jyoti Ranjan aged about 27 Years, Wife of Sunny and daughter of Shri Deopal Paswan, resident of C/o Gaya Prasad, Adarsh Nagar, Road No. -3, Phulwarisharif, District- Patna, Bihar- 801505 also at C/o shri, Deopal Paswan, Senior sub Inspector, Bihar Police, P.S. Danapur City, Patna, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 498A 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 due to petty family dispute. The case is triable by the Magistrate. The

Patna High Court Cr.Misc. No.26222 of 2018(2) dt.30-04-2018 2/2 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.

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 Sub Divisional Judicial Magistrate, Patna in connection with Complaint case No.1834(c) of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T