Patna High CourtCR. MISC./56034/2017bail granted

Shiv Kumar Singh v. State Of Bihar And ANR

2017-11-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56034 of 2017 Arising Out of PS. Case No.-583 Year-2016 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Shiv Kumar Singh, Son of Ram Bharos Singh, Resident of Village- Bhutaha, P.S.- Ladaniya, District- Madhubani.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Radha Devi wife of Shiv Kumar Singh, D/o- Tulsi Mahto, Resident of Village- Khoir (Pachrukhi), P.S.- Babubarhi, District- Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Gagan Deo Yadav, Advocate For the State :

Mr. Bal Mukund Prasad Sinha, APP For opposite party No.2 :

Mr. Jitendra Kr. Bharti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner is apprehending his arrest in a case registered under Sections 323, 379, 498A, 504 and 506 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

Patna High Court Cr.Misc. No.56034 of 2017(2) dt.23-11-2017 2/2 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 C.J.M., Madhubani in connection with Complaint case No.583 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T