Manoj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21690 of 2017 Arising Out of PS.Case No. -1089 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Manoj Kumar, Son of Ram Narayan Prasad @ Ram Narayan Yadav, Resident of Village- Naya Tola, Saristabad, P.S.- Gardanibagh, DistrictPatna. .... .... Petitioner

Versus

1. The State of Bihar.

2. Jyoti Kumari, W/o Shri Manoj Kumar, D/o Shri Ashok Kumar Yadav, R/o Village- Naya Tola Saristabad, P.S.- Gardanibagh, District- Patna at predent R/o Salimpur Ahra, Dwarika Nath Lane, P.S.- Gandhi Maidan, District- Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Dhirendra Kumar Sinha, Advocate. For the State : Mr. Parmanand Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2017 Heard learned counsels for the petitioner, complainant and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 1089 (C) of 2015 for the offences instituted under Sections 498(A), 420, 504 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 complainant due to

Patna High Court Cr.Misc. No.21690 of 2017 (3) dt.20-07-2017 2/3 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 with the witnesses alleged against the petitioner. The case is triable by the Magistrate. He has falsely been implicated in the present case due to petty family dispute. 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. It has been submitted on behalf of learned counsel for the complainant that the complainant is ready to go and reside with the petitioner. If the complainant goes to the house of the petitioner he shall keep his wife with all dignity and honour.

On behalf of the learned counsel for the State, it has been submitted that there is no objection to the submissions made on behalf of learned counsels for the petitioner and the complainant. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 1089 (C) of 2015 on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.21690 of 2017 (3) dt.20-07-2017 3/3 satisfaction of the learned S.D.J.M., Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T