Patna High CourtCR. MISC./55833/2017bail granted

Santosh Kumar v. The State Of Bihar

2017-11-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55833 of 2017 Arising Out of PS.Case No. -70 Year- 2017 Thana -SURYAGARHA District- LAKHISARAI ======================================================

1. Santosh Kumar, Son of Ramashish Prasad Singh @ Gendhari Singh, Resident of Village + P.O.- Cheri, P.S.- Sarmera, District- Nalanda. .... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Babita Kumari For the Opposite Party/s : Mr. Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2017 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 498(A), 341, 323, 307, 354, 379, 494, 504 and 506/34 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 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 present case has been instituted against the petitioner. The petitioner has further relied

Patna High Court Cr.Misc. No.55833 of 2017 (2) dt.23-11-2017 2/2 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 F.I.R.

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 Suryagadha P.S. Case No. 70/2017 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Lakhisarai, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T