Vikash Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50928 of 2018 Arising Out of PS.Case No. -123 Year- 2018 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ====================================================== Vikash Kumar, Son of Dharmpal Rai, Resident of Village- Bataura, P.S.- Korma, District- Shaikhpura, Presently at House No.- C 69, Sector- K, Mohalla- Hanuman Nagar, PS- Kankarbagh, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar.

2. Anamika Dikshit, Daughter of Saryug Prasad, Resident of Village- Thar Thari Bigaha, P.S.- Thar Thari, District- Nalanda, Presently residing in the House of Dr Ravi Prasad, Mohalla- North Nalana Colony, PS- Laheri, District- Nalanda.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307, 498(A) and 34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

It has been submitted on behalf of the petitioner that the petitioner has got no 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 petty family dispute. There is no medical examination report in support of the offence under Section-307 of the Indian Penal

Patna High Court Cr.Misc. No.50928 of 2018 (2) dt.20-08-2018 Code. Rest of the offences are 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, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

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 Chief Judicial Magistrate, Bihar Sharif in connection with Laheri P.S. Case No. 123 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T