Raj Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45230 of 2017 Arising Out of PS. Case No.-26 Year-2017 Thana- MADHUBAN District- East Champaran ====================================================== Raj Singh son of Sri Chandrika Prasad Singh, resident of Mohalla Sadhugachhi Sheikhpur, Akharaghat, P.S. Ahiyapur, District Muzaffarpur ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Kumari Beauti @ Ritika wife of Sri Raj Singh & D/o Sri Rama Nandan Singh, resident of Sadhugachhi Sheikhpur, Akharaghat, P.S. Ahiyapur, District Muzaffarpur and A/p Nayka Tola, Krishna Nagar, P.S. Madhuban, District East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sada Nand Roy, Advocate For the State :

Smt. Reena Sinha, APP For Opposite Party No.2 : Mr. Alok Kumar Alok, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the Opposite Party No.2. The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 384, 498A, 406, 504, 506, 328/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

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

Patna High Court Cr.Misc. No.45230 of 2017(2) dt.15-09-2017 2/2 petty family dispute. The 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 and learned counsel for the Opposite Party No.2, 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 A.C.J.M. IV, Motihari (East Champaran) in connection with Madhuban (East Champaran) P.S. case No.26 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