Raj Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50872 of 2018 Arising Out of PS. Case No.-866 Year-2013 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Raj Kumar Singh, Son of Late Ram Narayan Singh, resident of Village Bharatpatti, P.S. Kaluahi, District- Madhubani. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Binita Devi, Wife of Raj Kumar Singh, resident of Bharatpatti, P.S.- Kaluahi, District- Madhubani, at present D/o Brahmdeo Singh, resident of Narar, P.S. Kaluahi, District- Madhubani.

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

For the Petitioner/s :

Mr. Saroj Kumar For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2018 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. 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 petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case

Patna High Court Cr.Misc. No.50872 of 2018(4) dt.08-10-2018 2/2 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.

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 Shri Shashi Bhushan Kumar, Judicial Magistrate, 1st class, Madhubani in connection with T.R. No.3485 of 2014 arising out of C.R. No.866 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T