Rajesh Kumar Singh @ Rajes Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54151 of 2017 Arising Out of PS. Case No.-1113 Year-2017 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Rajesh Kumar Singh @ Rajes Singh son of late Deenanath Singh adopted son of late Murat Singh @ Ram Murat Singh, resident of village Bhumihara, P.O. Harpur Karah, P.S. Baniyapur, District Saran at Chapra ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Sabita Devi wife of Rajesh Kumar Singh @ Rajes Singh, resident of village Bhumihara, P.O. Harpur Karah, P.S. Baniyapur, District Saran at Chapra, at present resident of village Madhopur, P.S. Jalalpur, District Saran at Chapra ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Dewendra Narayan Singh, Advocate For the State :

Mr. Uday Chand Prasad, APP For O.P. No.2 :

Mr. Udai Shankar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner is apprehending his arrest in a case registered under Section 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

Patna High Court Cr.Misc. No.54151 of 2017(3) dt.23-11-2017 2/2 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 and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the complaint case.

A joint prayer has been made on behalf of the parties that they are ready to reside together.

Considering the submissions made on behalf of the parties, 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 Additional Chief Judicial Magistrate XIth, Saran at Chapra in connection with Trial No.2308 of 2017 arising out of Complaint case No.1113 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T