Kumod Paswan v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49883 of 2018 Arising Out of PS. Case No.-1966 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Kumod Paswan Son of Nathu Paswan Resident of Village- Kanu Vishanpur, P.S. Khanpur, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Lalita Devi Daughter of Jaya Paswan Resident of Village: Shobhan Bargaon, P.S. Khanpur, District- Samastipur.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhay Shankar Singh For the Opposite Party/s :
Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 420, 498A of the Indian Penal Code and 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 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
Patna High Court Cr.Misc. No.49883 of 2018(2) dt.16-08-2018 2/2 present case due to petty family dispute. 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 S.D.J.M., Samastipur in connection with Complaint Case No. 1966/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Pankaj/- U T