Gauri Shankar Kumar Singh @ Gauri Shankar Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50887 of 2017 Arising Out of PS.Case No. -1821 Year- 2015 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================

1. Gauri Shankar Kumar Singh @ Gauri Shankar Kumar Son of Suresh Mandal, R/o Village- Hemra, P.S.- Goradih, District- Bhagalpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. Anjani Kumari W/o Gauri Shankar Kumar Singh @ Gauri Shankar Kumar, D/o Shree Ganesh Mandal, R/o Village- Bhadaria, P.S.- Amarpur, District- Danka. Presently Staying at, C/o Chanchal Kumar Singh, MohallaDevi Mandap Lane Mahashaya Deodhi, Champanagar, P.S.- Nathnagar, District- Bhagalpur.

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the O.P. No.2. The petitioner is apprehending his arrest in a case instituted under Sections 498(A) of the Indian Penal Code and 3⁄4 of D.P. Act.

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 there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present

Patna High Court Cr.Misc. No.50887 of 2017 (2) dt.09-11-2017 2/2 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 and counsel for the O.P. No.2, it has been submitted that the petitioner is named in the Complaint Case.

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 Complaint Case No. 1821 of 2015, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bhagalpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T