Ajay Malakar @ Ajay Kumar Malakar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57024 of 2017 Arising Out of PS. Case No.-345 Year-2015 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Ajay Malakar @ Ajay Kumar Malakar, S/o Yogendra Malakar, Resident of Village- Patailiya, P.O.- Patailiya, P.S.- Bibhutipur, District- Samastipur. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Archana Kumari, D/o Lalan Bhagat, R/o Loknathpur Ward No.12, Nagar Panchayat Dalsing Sarai, P.O.+P.S.- Dalsing Sarai, District- Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Pandey For the Opposite Party/s :

Mr. NARENDRA KUMAR SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498A, 323, 504 of the Indian Penal Code and 3 and 4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of 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 case is triable by the Magistrate. The petitioner has relied upon the judgment of

Patna High Court Cr.Misc. No.57024 of 2017(2) dt.27-11-2017 2/2 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.

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 learned S.D.J.M., Dalsing Sarai in connection with C.R. No.345 of 2015, T.R. No.1332 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T