Kundan Kumar Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45459 of 2017 Arising Out of PS. Case No.-513 Year-2016 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== Kundan Kumar Sharma son of Late Jeotish Prasad Sharma, resident of Village/ Muhalla- East Colony Work Shop, Quarter No. 5, Jamalpur, P.S.- East Colony, District- Munger.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Rashmi Kumari Sharma W/o Kundan Kumar Sharma, D/o Umesh Sharma, resident of Village/Muhalla- Bicha Gaun, P.S.- Kasim Bazar, DistrictMunger. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjiv Kumar Singh, Advocate For the State :

Mr. ASHOK KUMAR, APP For Opposite Party No.2 :

Mr. Kamal Kishore Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2017 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 Sections 149, 323, 498A, 307, 406 and 506/34 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

Patna High Court Cr.Misc. No.45459 of 2017(2) dt.18-09-2017 2/2 petty family dispute. The 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 and learned counsel for the opposite party No.2, 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 Sushri Angira Kumari, Judicial Magistrate, 1st class, Munger in connection with Complaint case No.513C 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