Patna High CourtCR. MISC./46727/2017bail granted

Anshu Kumar v. State Of Bihar And ANR

2017-09-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46727 of 2017 Arising Out of PS.Case No. -48 Year- 2017 Thana -MAHILA PS District- JEHANABAD ====================================================== Anshu Kumar, S/o Sri Gulzari Yadav, R/v- Chamandi, P.S. Kurtha, DistrictArwal. .... .... Petitioner

Versus

1. The State of Bihar.

2. Sudha Devi, W/o Anshu Kumar, D/o- Pratap Yadav, R/o villageChamandi, P.S.- Kurtha, District- Arwal. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Lilawati Singh, Advocate. For the State : Mr. Md. Sufiyan, A.P.P. For the O.P. No.2 : Mr. Sunil Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioner is languishing in custody since 14.07.2017 in a case for the offence registered under Sections 323, 494, 498 (A)/34 of the IPC and 3⁄4 of the D. P. Act. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the

Patna High Court Cr.Misc. No.46727 of 2017 (2) dt.21-09-2017 2/2 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 further 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 learned counsels for the State and opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad Mahila P. S. Case No. 48 of 2017.

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