Birendra Kumar @ Virendra Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56341 of 2017 Arising Out of PS.Case No. -247 Year- 2017 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Birendra Kumar @ Virendra Kumar Son of Late Surgan Paswan resident of Saket Vihar, Anishabad, P.S. Phulwarisharif, District - Patna. .... .... Petitioner
Versus
1. The State of Bihar.
2. Smt. Manisha Kumari alias Pinky Kumari W/o Birendra Kumar, D/o Sri Bihari Paswan resident of Purander, Bharat Lal Tent Merchant Road, P.S. Jakkanpur, District - Patna.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Sandesh Roy For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in a case instituted under Sections 498(A) 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 case is triable by the Magistrate. The petitioner has falsely been
Patna High Court Cr.Misc. No.56341 of 2017 (2) dt.27-11-2017 2/2 implicated in the present case. 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. 247/2017, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XII, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Amit/- U T