Bambam Kumar Sinha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55073 of 2017 Arising Out of PS.Case No. -442 Year- 2016 Thana -COMPLAINT CASE District- JAMUI ======================================================

1. Bambam Kumar Sinha Son of Late Singheshwar Prasad resident of Village - Gangti, Police Station - Khaira, District - Jamui. .... .... Petitioner

Versus

1. The State of Bihar.

2. Nidhi Sinha Wife of Bambam Kumar Sinha and Daughter of Raj Kishore Prasad Resident of Village - Indpe, Police Station - Jamui, District - Jamui. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-01-2018 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 Section 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.55073 of 2017 (3) dt.16-01-2018 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 arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No.442(C)/2016, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Jamui, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Amit/- U T