Vijay Kumar Rai v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1890 of 2018 Arising Out of PS.Case No. -1839 Year- 2016 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Vijay Kumar Rai, Son of Ramanand Rai, Resident of Village- Sahbajpur, Tola Gorraha, Police Station- Jogbani, District- Araria. .... .... Petitioner
Versus
1. The State of Bihar.
2. Nibha Devi, Wife of Vijay Kumar Ray, D/o Udhanand Roy, Resident of Baitauna, P.S.- Raniganj, District- Araria. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Ambrish Rahul, Advocate. For the State : Mr. Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Section 498(A) of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the 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
Patna High Court Cr.Misc. No.1890 of 2018 (2) dt.17-01-2018 2/2 Magistrate. The petitioner has further 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 learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.
Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned S.D.J.M. Araria, in connection with Complaint Case No. 1839/C/16, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T