Patna High CourtCR. MISC./53693/2017bail granted

Jitendra Kumar Singh v. State Of Bihar And ANR

2017-11-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53693 of 2017 Arising Out of PS. Case No.-198 Year-2015 Thana- MAHILA P.S. District- Siwan ====================================================== Jitendra Kumar Singh S/o Suryadeo Singh, resident of village Mura Karamwar, P.S. Darauli, District Siwan ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Manisha Singh w/o Jitendra Kumar singh, resident of village Damsikri, P.S. Muffasil, District Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Bhaskar Shankar, Advocate For the State :

Mr. Ram Sevak Choudhary, APP For opposite party No.2 :

Mr. Gajendra Kumar Singh, 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 Sections 498A, 354(a), 341, 323, 406, 506 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.53693 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 and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the F.I.R.

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 S.D.J.M., Siwan in connection with Siwan Mahila P.S. case No.198 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T