Anil Kumar @ Shiv Kumar @ Anil Paswan v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49870 of 2016 Arising Out of PS.Case No. -520 Year- 2015 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ====================================================== Anil Kumar @ Shiv Kumar @ Anil Paswan son of Dinesh Paswan, resident of Khangah Khagri, Police Station Arwal, District Arwal .... .... Petitioner/s
Versus
1. The State of Bihar
2. Kiran Devi wife of Anil Kumar @ Shiv Kumar @ Anil Paswan (daughter of Chaneshwar Paswan), resident of Khangah Khagri, P.S. Arwal, District Arwal, presently residing at village Pyare chak, tola west, P.S. Arwal, District Arwal .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mrs. Anita Kumari Singh, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2017 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, 498A/34 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 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 petty family dispute. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the
Patna High Court Cr.Misc. No.49870 of 2016 (6) dt.20-07-2017 2/2 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 Sri Sanjeev Kumar, Sub Divisional Judicial Magistrate, Arwal in connection with Complaint case No.520 of 2015 (Trial No.2161 of 2015), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T