Patna High CourtCR. MISC./61611/2017bail granted

Kumar Mukesh Singh @ Mukesh Kumar v. State Of Bihar And ANR

2017-12-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61611 of 2017 Arising Out of PS.Case No. -872 Year- 2016 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ======================================================

1. Kumar Mukesh Singh @ Mukesh Kumar S/o Kumar Shankar Singh, R/o Village- Suryapur, P.S.- Pipra Kothi, District- East Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. Jyoti PriyaJyoti Priya, W/o Kumar Mukesh Singh, D/o Late Vijay Kumar Singh, At present R/o....

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

For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh For the Opposite Party/s : Mr. S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-12-2017 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in a case instituted under Sections 120B, 498A, 323, 504 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. Due to petty

Patna High Court Cr.Misc. No.61611 of 2017 (2) dt.19-12-2017 2/2 family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this Court, in the case of Md. Naimul Haque Ansari v. The State of Bihar, reported in 2006 (3) PLJR 182. On behalf of the State, it has been submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Muzaffarpur, in connection with Complaint Case No.872/2016, Tr. No.427/2017.

(Sudhir Singh, J) Amit/- U T