Abhishek Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1175 of 2018 Arising Out of PS. Case No.-1204 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Abhishek Singh, aged about 34 years, son of Sri Ashok Kumar Singh, resident of Neelkothi, Purani Bazar, Lakhisarai, Post Lakhisarai, Police Station Lakhisarai, Pincode-811311, District Lakhisarai, Bihar ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Madhup Madhumita, wife of Sri Abhishek Singh, resident of Neelkothi, Purani Bazar, Post Lakhisarai, Police Station Lakhisarai, Pincode-811311, District Lakhisarai, Bihar, presently residing at Mashukunj, Main Road, Sri Krishna Nagar, Police Station Buddha Colony, District Patna (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Shantanu Kumar, Advocate For the State :

Mr. IFTEKHAR MAHMOOD, APP For opposite party No.2 :

Mr. Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-01-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner is apprehending his arrest in a case registered under Sections 498A, 406 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-fulfilment 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.1175 of 2018(2) dt.08-01-2018 2/2 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 and learned counsel for the opposite party No.2, 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 Sub Divisional Judicial Magistrate, Patna in connection with Complaint case No.1204C 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