Patna High CourtCR. MISC./1035/2018bail granted

Tuntun Kumar @ Rajnish Raj v. State Of Bihar And ANR

2018-01-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1035 of 2018 Arising Out of PS. Case No.-346 Year-2011 Thana- MADHEPURA COMPALINT CASE District- Madhepura ====================================================== Tuntun Kumar @ Rajnish Raj, son of Chhanguri Singh, resident of VillageAurai, P.S.- Puraini, District- Madhepura. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Arti Devi, W/o. Tuntun Kumar @ Rajnish Raj, resident of Village- Lila Tola, Panchayat- Arajpur, Pachhmi, P.S.- Chausa, District- Madhepura. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Singh For the Opposite Party/s :

SMT. ANITA KUMARI ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-01-2018 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 and 323 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

Patna High Court Cr.Misc. No.1035 of 2018(2) dt.08-01-2018 2/2 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 Sri Ashok Kumar II, Judicial Magistrate, 1st class, Udakishunganj, District Madhepura in connection with Complaint case No.346C of 2011, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T