Ajay Kumar Sharma @ Ajay Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38752 of 2018 Arising Out of PS.Case No. -14 Year- 2016 Thana -NAYAGAON District- BEGUSARAI ======================================================

1. Ajay Kumar Sharma @ Ajay Kumar S/o Rajniti Sharma, R/o MohallaJanki Ballav Kunj, Tulsi Bari, Ayodhya Pargana Haweli Awadh Tahsil Sadar, P.S.- Kotwali, Ayodhya, District- Faizabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ranjana Devi W/o Ajay Kumar Sharma, D/o Late Kishundeo Singh, R/o Vill.- Naya Gaon, P.S.- Naya Gaon, District- Begusarai. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498(A), 498, 494, 493, 496, 366, 376, 347, 120(B) of the Indian Penal Code.

Allegation against the petitioner is of committing torture and rape upon the victim due to non-fulfillment 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. Prior to the institution of the present case, the informant had instituted two cases of similar nature against the petitioner and his family members i.e. in the year 2008 and in 2015. The

Patna High Court Cr.Misc. No.38752 of 2018 (4) dt.26-09-2018 informant is in habit of instituting such cases for oblique reason. So far the offence under Sections 366 & 376 of the Indian Penal Code are concerned, the said allegation has been levelled against the other co-accused. Rest of the offences are triable by Magistrate.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/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 Additional Chief Judicial Magistrate-IV, Begusarai in connection with Nayagaon P.S. Case No. 14 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T