Sharwan Kumar @ Raja Babu v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38821 of 2018 Arising Out of PS.Case No. -1396 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Sharwan Kumar @ Raja Babu Son of Late Amarjeet Yadav, resident of Village- Andhari Mathiya, P.S.- Rani Talab, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Phula Devi D/o Sujindra Yadav, Wife of Sharwan Kumar @ Raja Babu, resident of Village- Andhari Mathiya, P.S.- Rani Talab, District- Patna. At present residing at Village- Parriyawa, P.S.- Bikram, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment 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

Patna High Court Cr.Misc. No.38821 of 2018 (2) dt.05-07-2018 petty family dispute. The case is triable by the Magistrate. The 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/F.I.R.

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 Sandeep Kumar, learned Judicial Magistrate-Ist Class, Danapur, Patna in connection with Complaint Case No. 1396(C) of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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