Shiv Kumar Chauhan @ Shiv Kuamr Chauhan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65350 of 2018 Arising Out of PS.Case No. -792 Year- 2016 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Shiv Kumar Chauhan @ Shiv Kuamr Chauhan, aged about 21 years, S/o Ramnath Chauhan, resident of Tetariya Pakira Tola, P.S.- Muffasil, District- Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Pinki Devi, W/o Shiv Kumar Chauhan, D/o Late Baleshwar Chauhan, Tetariya Pakira Tola, P.S.- Muffasil, District- Nawada, at present R/oMilki, P.S.- Nadrijang, District- Nawada. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Durga Narayan For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

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-fulfillment 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.65350 of 2018 (2) dt.29-10-2018 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, 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 Sub Divisional Judicial Magistrate, Nawada in connection with Complaint Case No. 792 of 2016, 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