Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12973 of 2018 Arising Out of PS. Case No.-140 Year-2017 Thana- RANIYATALAB District- Patna ====================================================== Pappu Kumar, Son of Srwanand Prasad, Resident of Village-Reganiyabad, P.S.-Nauwatpur, District-Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Sinha For the Opposite Party/s :

Mr. AMRENDRA PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-03-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 504, 498A, 494, 307/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Allegation against the petitioner is of committing torture and assault 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 present case due to petty family dispute. There is no medical examination report to support for making out an offence under Section 307 of the

Patna High Court Cr.Misc. No.12973 of 2018(2) dt.08-03-2018 2/2 I.P.C. 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 and learned counsel for the informant, it is submitted that the petitioner is named in the 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 Prvin Kumar Malbiya, J.M. 1st class, Danapur, Patna in connection with Ranitalab P.S. case No.140 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. If so advised, the informant will be at liberty to approach to the competent court/authority for redressal of his grievance, if any.

Narendra/- (Sudhir Singh, J) U T