Nawal Kishore Singh @ Guddu Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49735 of 2016 Arising Out of PS.Case No. -575 Year- 2014 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ======================================================

1. Nawal Kishore Singh @ Guddu Kumar, Son of Sri Nand Lal Singh, Resident of village Jamanpura, Police Station- Gaurichak, District Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sugni Devi wife of Nand Kishore Singh, resident of village Jamanpura, P.S. Gaurichak, district Patna, daughter of Naresh Yadav of village Belthana, P.S. Chandi, Distrct Nalanda.

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

For the Petitioner/s : Mr. Malay Kumar Choudhary For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Complaint Case No. 575C of 2014 registered under sections 498(A) of the I.P.C. pending in the Court of Judicial Magistrate, 1st Class, Hilsa, District - Nalanda.

The accusation is of torture for non-fulfillment of demand of dowry.

Submission is that petitioner is brother-in-law of the complainant. He has falsely been implicated in this case. It is also submitted that petitioner is in custody since 01.10.2016. It is further submitted that prior to this case, Complaint Case No. 296

Patna High Court Cr.Misc. No.49735 of 2016 (2) dt.20-12-2016 2/2 of 2013 was also filed by the complainant, on the basis of which, the Police submitted final form mentioning the mistake of fact and the Protest Petition filed by the complainant was treated as Complaint Case No. 540 and on that basis, process was issued under section 304 of the I.P.C.

Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, prayer of the petitioner for bail is rejected.

(Arvind Srivastava, J) Shail/- U T