Patna High CourtCR. MISC./54096/2018bail granted

Amarjeet Singh @ Babloo v. State Of Bihar And ANR

2018-11-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54096 of 2018 Arising Out of PS. Case No.-406 Year-2018 Thana- MASAUDHI District- Patna ====================================================== Amarjeet Singh @ Babloo, Son of Vakil Singh, resident of Village/Mohallah- Gangachak, P.S.- Masaurhi, District- Patna (Bihar). ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Priyanka Kumari, Wife of Amarjit Singh, Resident of Village/MohallahGangachak, P.S.- Masaurhi, District- Patna (Bihar). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2018 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, 342, 379, 307, 384, 498A/34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture and assault 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 nature of injury is said to be simple.

Patna High Court Cr.Misc. No.54096 of 2018(3) dt.19-11-2018 2/2 Hence, no offence under Section 307 of the I.P.C. is made out. 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 Sub Divisional Judicial Magistrate, Masaurhi, Patna in connection with Masaurhi P.S. case No.406 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T