Patna High CourtCR. MISC./16438/2017bail granted

Sanjay Kumar v. The State Of Bihar

2017-10-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16438 of 2017 Arising Out of PS. Case No.-51 Year-2017 Thana- HILSA District- Nalanda ====================================================== Sanjay Kumar Son of Late Yadunandan Prasad, Resident of VillageParwalpur, P.S. Parwalpur, District- Nalanda. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Mamta Devi w/o Sanjay Kumar, D/o Late Krishna Pd., At+Moh. Saida Bazar, Hilsa, P.S. Hilsa, Dist. Nalanda.

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. SRI ZAINUL ABEDIN ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-10-2017 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 506/34 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 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 of Md. Naimul Haque Ansari @ Naimul

Patna High Court Cr.Misc. No.16438 of 2017(4) dt.18-10-2017 2/2 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 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 Chief Judicial Magistrate, Hilsa in connection with Hilsa P.S. case No.51 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T