Sikandra Kumar Uraon @ Sikandar Uraon v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31262 of 2018 Arising Out of PS. Case No.-1238 Year-2013 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Sikandra Kumar Uraon @ Sikandar Uraon S/o Kishun Uraon@ Kishuni Uraon Resident of Village- Kataha Belahwa, P.S. Semra (Chiutaha), DistrictWest Champaran. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Kushila Devi W/o Sikandra Kumar Uraon, Daughter of Ramdev Uraon At Present resident of Village- Madhubani, P.S. Ram Nagar, Distt. West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 323,406,308,498, 498A,504/34 of the Indian Penal Code, but cognizance has been taken under Sections 323 and 498A of the I.P.C.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of 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 petitioner has falsely been implicated in the present case due to

Patna High Court Cr.Misc. No.31262 of 2018(3) dt.20-06-2018 2/2 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.

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 S.D.J.M., Bagaha, West Champaran in connection with Tr. No. 5009 of 2017 arising out of Complaint case No.1238 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T