Monu Kumar @ Abhimanyu Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8029 of 2018 Arising Out of PS.Case No. -83 Year- 2017 Thana -MAHILA P.S. District- PATNA ====================================================== Monu Kumar @ Abhimanyu Kumar, Son of Late Tuntun Kapar, Resident of Malla Tanki, Rajenra Nagar, P.S.- Kadamkuan, District- Patna, permanent address- Village- Pan Pateli, P.S.- Ujiyarpur, DistrictSamastipur. .... .... Petitioner
Versus
1. The State of Bihar.
2. Chandani Devi, wife of Monu Kumar @ Abhimanyu Kumar, Resident of Village- Pan Pateli, P.S.- Ujiyarpur, District- Samastipur. At presentResident of Kurjee, Bhagera Ashram, P.S.- Digha, District- Patna. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Dilip Kumar Roy, Advocate. For the State : Mr. Narendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-02-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A), 494, 504/34 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 nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the
Patna High Court Cr.Misc. No.8029 of 2018 (2) dt.09-02-2018 2/2 present case due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the petitioner. 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 counsel for the State, 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 J.M. Ist Class, Patna, in connection with Mahila P.S. Case No. 83 of 2017, G.R. No. 7477 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T