Niranjan Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53413 of 2018 Arising Out of PS.Case No. -2474 Year- 2017 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Niranjan Kumar aged about 28 Years S/o Umesh Chauhan, R/o Vill.- Panhar, P.S.- Khudaganj, District- Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sona Kumari aged about 26 Years W/o Niranjan Kumar D/o Late Baikunth Prasad, At present Sheikhpura Bind Toli, P.S.- Shastri Nagar, District- Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 307, 498A, 380 of the Indian Penal Code. Allegation against the petitioner is of committing torture and assault upon the victim due to non-fulfillment 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. On earlier occasion also, the
Patna High Court Cr.Misc. No.53413 of 2018 (2) dt.04-09-2018 victim and her family members had instituted a case for similar nature of offence against the petitioner and his family members. Offence u/S 307 of the Indian Penal Code is not made out. Rest of the offences are 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 Sri Manish Kumar, learned Judicial Magistrate-Ist Class, Patna in connection with Complaint Case No. 2474 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