Abhay Shankar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53971 of 2017 Arising Out of PS. Case No.-429 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Abhay Shankar aged about 30 years son of Sri Ashwini Kumar Singh, resident of village Basuhar, P.S. Punpun, District Patna, at present posted at Kharagpur (W.B.) as Fitter-II in Indian Railway ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Nirupa Kumari aged about 25 years, wife of Abhay Shankar and daughter of Later Satish Kumar Sinha R/o at present Mohalla Pargati Nagar, I.O.C. Road, P.S. Beur, P.O. , District Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Pravin Kumar Sinha, Advocate For the State :

Mr. Rajkishore Singh, APP For opposite party No.2 :

Mr. Vibhuti Ranjan Sonvadra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-11-2017 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 Section 498A of the Indian Penal Code. 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 petty family dispute. The case is triable by the Magistrate. The

Patna High Court Cr.Misc. No.53971 of 2017(2) dt.10-11-2017 2/2 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, it is submitted that the petitioner is named in the complaint case.

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 Smt. Kumari Vijaya, Sub Judge-X-cum-A.C.J.M., Patna in connection with Complaint case No.429(C) of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T