Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63596 of 2017 Arising Out of PS.Case No. -107 Year- 2017 Thana -AKBARPUR District- NAWADA ====================================================== Anuj Kumar S/o Mukesh Prasad, R/o Village- Supaul, P.S.- Akbarpur, District- Nawada.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Deepak Kumar, Advocate. For the Opposite Party : Smt. Suman Kumari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-01-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The languishing in custody since 15.11.2017 in a case for the offence registered under Sections 498(A), 328, 120(B) 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 petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. There is no medical evidence to

Patna High Court Cr.Misc. No.63596 of 2017 (2) dt.05-01-2018 2/2 support the allegations made in the F.I.R. for constituting an offence under Section 328 of the IPC. 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 counsel for the State, 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 A.C.J.M.-1, Nawada, in connection with Akbarpur P.S. Case No. 107 of 2017. U.K./- (Sudhir Singh, J) U T