Rajeev Sinha @ Niraj v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27637 of 2018 Arising Out of PS.Case No. -429 Year- 2017 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Rajeev Sinha @ Niraj, Son of Vidya Nand Prasad Sinha, Resident of Village- Gastal, Gandhi Nagar, Police Station Danapur, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar.

2. Shreya Sinha @ Archana Sinha, D/o Late Surendra Prasad Sinha, W/o Rajeev Sinha @ Niraj, resident of Mohalla- D/ 15, Vijay Nagar, Hanuman Nagar, Kankarbagh, P.S. Patrakar Nagar, District- Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Achal Kumar Sinha, Advocate. For the State : Mr. Uday Chand Prasad, A.P.P. For the O.P. No. 2 : M/S. Vijay Kumar Sinha, Minu Sinha and Arvind Kumar Srivastava, Advocates.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-05-2018 Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A) of the IPC and 4 of the D. P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the

Patna High Court Cr.Misc. No.27637 of 2018 (2) dt.04-05-2018 2/2 petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the 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 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 learned counsels for the State and opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned Sub-Divisional Judicial Magistrate, Patna, in connection with Complaint Case No. 429 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T