Surendra Kumar @ Surendra Bind v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63200 of 2017 Arising Out of PS. Case No.-878 Year-2015 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Surendra Kumar @ Surendra Bind S/o Late Bajrangi Bind R/v - Kajiyana, P.O. - Ghana, Dihari, P.S. - Paras Bigha, Distt. - Jehanabad. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Puniya Devi W/o Sri Surendra Bind, D/o Sri Arjun Bind R/v - Jarkha, P.O. - Jarkha, P.S. - Sigori, Distt. - Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Advocate For the State :

DR. KUMAR UDAY PRATAP , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498A, 323 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

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 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 victim is in habit of instituting such cases against the petitioner. The case is triable

Patna High Court Cr.Misc. No.63200 of 2017(2) dt.05-01-2018 2/2 by the Magistrate. 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, 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 learned S.D.J.M., Jehanabad in connection with Complaint case No.878 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