Chandra Bhushan Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70589 of 2018 Arising Out of PS. Case No.-2497 Year-2016 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Chandra Bhushan Kumar S/o Sri Vindeshwar Singh, Resident of VillagePatilhee, P.S.-Hajipur Sadar, Distt.-Vaishali. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Pratibha Kumari w/o Chandra Bhushan Kumar, r/v Patahee, P.S. Hajipur Sadar, Dist. Vaishali at present resident of parental home D/o Pramod Kumar Singh, village Kuari Buzurg, P.S. Ganga Bridge, Hajipur, Dist. Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lakshmi Kant Tiwary For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498A, 323, 379, 307 of the I.P.C. and 3⁄4 of Dowry Prohibition Act, but cognizance has been taken under Section 498A/34 of the I.P.C. and 4 of Dowry Prohibition Act.

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

Patna High Court Cr.Misc. No.70589 of 2018(3) dt.18-12-2018 2/2 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 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 learned Sub Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Complaint case No.2497 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T