Raj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50882 of 2017 Arising Out of PS.Case No. -26358 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Raj Kumar Son of Gulab Mishra, R/o Village- Brahmpur, P.S.- Phulparas, District- Madhubani, at present Mohalla- Text Book Colony, Kesari Nagar, P.S.- Patliputra, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar.

2. Kumari Soni W/o Raj Kumar D/o Sri Lallan Kumar Jha, R/o Road No.5, Ashok Nagar, P.S.- Kankarbagh , District- Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner, learned counsel appearing 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) and 323/34 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

Patna High Court Cr.Misc. No.50882 of 2017 (2) dt.09-11-2017 2/2 tampering of witnesses alleged against the petitioner. The 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 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.26358C/2014, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Raj Narayan Nigam, learned J.M., Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T