Amit Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14252 of 2018 Arising Out of PS.Case No. -281 Year- 2017 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ====================================================== Amit Kumar, S/o Sri Chandra Bhushan Prasad, R/o Village /Mohalla- Rath Durga Chauk Obra, P.S.- Obra, District- Aurangabad. .... .... Petitioner

Versus

1. The State of Bihar.

2. Nilam Kumari, W/o Amit Kumar, R/o Village/Mohalla- Rath Durga Chauk Obra, P.S.- Obra, District- Aurangabad, At present Add.- Nilam Kumari W/o Amit Kumar (D/o Chandradev Prasad), R/o Mohalla- Old Arwal, Post Office +P.S.+ District- Aurangabad. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Anil Kumar, Advocate. For the State : Smt. Rita Verma, A.P.P. For the O.P. No. 2 : Mr. Saroj Kumar Sharma and Kiran Kumari Sharma, Advocates.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-03-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 323, 379, 498(A)/34 of the IPC and 3⁄4 of the D.P. Act in which cognizance has been taken under Sections 498(A) of the IPC and 3⁄4 of the D.P. Act. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to non-

Patna High Court Cr.Misc. No.14252 of 2018 (2) dt.15-03-2018 2/3 fulfilment of demand of dowry.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the 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 petitioner has further 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 learned counsels for the State and opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned S.D.J.M., Arwal, in connection with Complaint Case No. 281/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The opposite party no. 2, if so advised, may approach

Patna High Court Cr.Misc. No.14252 of 2018 (2) dt.15-03-2018 3/3 before the competent authority/court for redressal of her grievances, if any.

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