Pankaj Sharma @ Pankaj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38354 of 2018 Arising Out of PS. Case No.-141 Year-2017 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Pankaj Sharma @ Pankaj Kumar Son of Anil Sharma, resident of Thakurbari Road, Police Station and District- Jehanabad. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Ruby Kumari, Wife of Pankaj Sharma, resident of Thakurbari Road, Police Station and District- Jehanabad, At present D/o Brajbhushan Sharma, resident of Mohalla- South Daulatpur Bazar, Police Station & District- Jehanabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-07-2018 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 and 504 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 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 and her

Patna High Court Cr.Misc. No.38354 of 2018(2) dt.05-07-2018 2/2 family members are in the habit of instituting cases for similar offence against the petitioner and his family members. The case is triable 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/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 Chief Judicial Magistrate, Jehanabad in connection with Complaint Case No. 141 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T