Namit Kumar Sinha v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44500 of 2017 Arising Out of PS.Case No. -307 Year- 2016 Thana -DANAPUR District- PATNA ====================================================== Namit Kumar Sinha son of Sri Madan Prasad, Resident of MohallaGardanibagh, Near Hospital, Qr. No. 4, P.S. Gardanibagh, District Patna. .... .... Petitioner
Versus
1. The State of Bihar.
2. Sivika, D/o Sunil Kumar, resident of Urja Nagar, Khagaul Road, Opposite Saint Karens School, P.S. Danapur, District Patna. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Sunil Kumar Dubey, Advocate. For the State : Mr. Kumar Ranjit Ranjan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Danapur P.S. Case No. 307 of 2016, corresponding to G.R. No. 2304 of 2016 for the offences instituted under Sections 323, 341, 498(A), 494 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 informant due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case due to petty family dispute. There is no allegation of
Patna High Court Cr.Misc. No.44500 of 2017 (2) dt.15-09-2017 2/2 tampering with the witnesses alleged against the petitioner. The case is triable by the Magistrate. 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 by learned counsel for the State that the petitioner is named in the F.I.R.
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 Danapur P.S. Case No. 307 of 2016, corresponding to G.R. No. 2304 of 2016 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Danapur, 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