Sanjay Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50587 of 2018 Arising Out of PS. Case No.-888 Year-2016 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Sanjay Kumar S/o Rajo Sao, resident of village Mahkar, P.S. Roh, District Nawadah, presently posted as Constable Railway Protection Force, Katihar Station, P.S. Katihar, District Katihar ... ... Petitioner/s

Versus

1. State Of Bihar

2. Nutan Kumari w/o Sanjay Kumar, resident of village Mahkar, P.S. Roh, District Nawada at present posted R.P.F. (Railway) Katihar, P.S.+District Katihar, at present D/o Mahendra Prasad, resident of village Gareriya Bigaha, P.S. Warisaliganj, District Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Hansraj, Advocate For the State :

Mr. Ahmad Ali, APP For opposite party No.2 :

Mr. Niraj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2018 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 Section 498A of the Indian Penal Code 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 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.50587 of 2018(2) dt.16-08-2018 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 S.D.J.M., Nawadah in connection with Complaint case No.888 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T