Nishant Kumar @ Nishant Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58012 of 2017 Arising Out of PS.Case No. -52 Year- 2016 Thana -MAHILA P.S. District- BANKA ======================================================

1. Nishant Kumar @ Nishant Kumar Singh son of Madan Prasad Singh @ Madan Singh resident of village Sabalpur, P.S. Panjwara, District Banka at present residing and posted as a Constable P T I Training Centre, Subsidiary Training Centre, B S F Camp, C.C. Pur, Manipur. .... .... Petitioner

Versus

1. The State of Bihar.

2. Bina Singh wife of Nishant Kumar Singh daughter of Sri Bishnudeo Singh resident of village Karsap, P.S. Shambhugari, District Banka. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Rajiv Kumar Singh For the Opposite Party/s : Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in a case instituted under Sections 341, 323, 498(A), 504, 506/34 of the Indian Penal Code and 3/4 of D.P. Act.

The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the 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

Patna High Court Cr.Misc. No.58012 of 2017 (2) dt.08-12-2017 2/2 petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Banka Mahila P.S. Case No.52/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T