Kishore Ram @ Kishori Ram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52657 of 2017 Arising Out of PS.Case No. -57 Year- 2017 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ====================================================== Kishore Ram @ Kishori Ram, Son of Sita Ram @ Sitwa Ram, resident of village- Amba Bigha, P.S.- Sare, District- Nalanda. .... .... Petitioner

Versus

1. The State of Bihar.

2. Kamla Devi, Wife of Kishore Ram, Resident of Village- Amba Bigha, P.S.- Sare, District- Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Rana Baljit Singh, Advocate. For the State : Mr. Shyam Bihari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2017 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), 323, 341, 504 and 506/34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment 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.52657 of 2017 (2) dt.09-11-2017 2/2 tampering with the witnesses alleged against the petitioner. 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, 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. Nalanda at Biharsharif, in connection with Bihar Mahila P.S. Case No. 57/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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