Dipak Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.316 of 2017 Arising Out of PS.Case No. -600 Year- 2015 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dipak Kumar son of Ram Kumar Shrivastava, R/o Bagha Bazar, P.S. Bagaha, Dist.- East Champaran .... .... Petitioner

Versus

1. State of Bihar

2. Jyoti Kumari W/o Dipak Kumar, D/o Kameshwar Prasad Shrivastav, resident of village- Mosda Tola Banjaraha, P.O. and P.S.- Kundwa Chainpur, Distt.- East Champaran .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-01-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. C-600 of 2015 for the offences instituted under Sections 120B/323/406/308/379 and 498A of the Indian Penal Code.

The allegation against the petitioner is that being husband of the complainant he along with other co-accused used to assault and torture upon the complainant due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.316 of 2017 (2) dt.10-01-2017 2/2 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. The allegations made in the Complaint are denied by him. A case has already been instituted by the petitioner for restitution of conjugal rights.

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 his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. C-600 of 2015 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., East Champaran, Motihari, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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