Ashish Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44003 of 2017 Arising Out of PS.Case No. -221 Year- 2017 Thana -AMARPUR District- BANKA ====================================================== Ashish Kumar son of Anil Prasad Singh, Resident of Village- Mahota, P.S. Amarpur, District- Banka.
.... .... Petitioner
Versus
1. The State of Bihar.
2. Shanta Kumari, daughter of Rajendra Kishore Sharma, Resident of Village- Bhikhanpur, P.S. Amarpur, District- Banka. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Brij Nandad Prasad, Advocate. For the State : Mr. Sanjay Kumar Tiwary 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsels for the petitioner, informant and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Amarpur P.S. Case No. 221/2017 for the offences instituted under Sections 341, 323, 498(A), 494, 504/34 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 got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the
Patna High Court Cr.Misc. No.44003 of 2017 (2) dt.15-09-2017 2/2 petitioner. He has falsely been implicated in the present case due to petty family dispute. 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 counsels for the State and the informant 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 Amarpur P.S. Case No. 221/2017 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Banka, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T