Shashi Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42223 of 2017 Arising Out of PS.Case No. -144 Year- 2017 Thana -BIHARIGANJ District- MADHEPURA ======================================================

1. Shashi Kumar, Son of Upendra Yadav, Resident of VillageHathyandha, Police Station- Bihariganj, District- Madhepura. .... .... Petitioner

Versus

1. The State of Bihar.

2. Gunjan Kumari, Wife of Shashi Kumar, Daughter of Sikandar Yadav, Resident of Azad Tola, Ward No. 8, Police Station- Madhepura, DistrictMadhepura. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s : Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Bihariganj P.S. Case No.144 of 2017 for the offence instituted under Sections 498(A), 323, 504 and 34 of the Indian Penal Code.

The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the 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

Patna High Court Cr.Misc. No.42223 of 2017 (2) dt.15-09-2017 2/2 petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory 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 Bihariganj P.S. Case No.144 of 2017 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Udakishunganj, Madhepura, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (Sudhir Singh, J) Amit/- U T