Patna High CourtCR. MISC./38952/2018bail granted

Krishan Kumar Sah v. State Of Bihar And ANR

2018-07-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38952 of 2018 Arising Out of PS.Case No. -62 Year- 2017 Thana -HARLAKHI District- MADHUBANI ======================================================

1. Krishan Kumar Sah, Son of Ram Udgar Sah, Resident of VillageBituhar, P.S.- Harlakhi, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Minti Kumari, Wife of Krishan Kumar Sah, daughter of Late Jamunadhar Sah, resident of Village- Bituhar, P.S.- Harlakhi, DistrictMadhubani. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== 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, 354 & other minor Sections 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-fulfillment 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.38952 of 2018 (2) dt.05-07-2018 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 Sub Divisional Judicial Magistrate, Benipatti, Madhubani in connection with Harlakhi P.S. Case No. 62 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T