Mukesh Kumar Mishra v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63294 of 2017 Arising Out of PS.Case No. -137 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Mukesh Kumar Mishra, son of Bhudeo Mishra @ Budeo Mishra, Resident of Village- Dumri Buzurg, P.S. Nayagaon, District Saran presently residing at Maharaj Ki Dyorhi, Maida Toli, Machharhatta Gali, P.S. Khajekalan, District Patna.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Prabha Mishra, Wife of Sri Mukesh Kumar Mishra, presently residing at Maharaj Ki Dyorhi, Maida Toli, Machharhatta Gali, P.S. Khajekalan, District Patna.

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-01-2018 Heard learned counsel for the petitioner and learned counsel appearing for the State.

The petitioner is apprehending his arrest in a case instituted under Section 498A of the Indian Penal Code. 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 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. The case

Patna High Court Cr.Misc. No.63294 of 2017 (3) dt.16-01-2018 2/2 is triable by the Magistrate. Due to petty 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 Vs. 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 anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No.137/2016, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Patna City, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T