Samir Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27747 of 2018 Arising Out of PS. Case No.-1057 Year-2016 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Samir Kumar S/o Arvind Kumar Resident of Samir Nagar P.S. Chitragupta Nagar, District - Khagaria.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Smt. Jyoti Sinha @ Sunaina wife of Samir Kumar, Daughter of Rameshwar Prasad Resident of Khahganj, P.S. Sohsarai, District Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudha Chandra For the Opposite Party/s :

Mr. Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case in which cognizance has been taken under sections 506, 498A, 494 and 120(B) 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 there is no allegation of tampering of witnesses alleged against the petitioner. The victim and her family members are in habit of instituting cases against the petitioner and his family

Patna High Court Cr.Misc. No.27747 of 2018(2) dt.07-05-2018 2/2 members for similar offence. 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 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/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 learned A.C.J.M. VII, Nalanda, Biharsharif in connection with Complaint Case No. 1057(c)/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T