Raj Kishore Kumar @ Raj Kishore v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30013 of 2018 Arising Out of PS.Case No. -1052 Year- 2017 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ====================================================== RAJ KISHORE KUMAR @ RAJ KISHORE, S/o Sri Dineshwar Paswan, R/o Vill.- Khadiha, P.S.- Shiv Sagar, District- Rohtas (Bihar). .... .... Petitioner

Versus

1. The State of Bihar.

2. Kiran Kumari, D/o Sri Moti Ram, R/o Vill./Mohalla- Asharfi Lal Ka Hatta, P.S.- Dalmianagar, District- Rohtas (Bihar). .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Manoj Kumar, Advocate. For the State : Smt. Sharda Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-05-2018 Heard learned counsel for the petitioner 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), 120(B)/34 of the IPC and 3/4 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 petitioner that the petitioner has falsely been implicated in the present case due to petty family dispute. There is no allegation of

Patna High Court Cr.Misc. No.30013 of 2018 (2) dt.15-05-2018 2/2 tampering with the witnesses alleged against the petitioner. The victim and her family members are in habit of instituting cases against the petitioner and his family members for similar offence. 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 counsel for the State, 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 S.D.J.M. Dihri, Rohtas or its available successor court, in connection with Dihri (Dalmianagar) Police Station Case No. 1052 of 2017, G.R. Case No. 1504 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