Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54099 of 2019 Arising Out of PS. Case No.-906 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== PANKAJ KUMAR S/o Nand Lal Prasad @ Nande R/o village- Nisarpura Lakh, P.O.- Amarpura, P.S.- Naubatpur, District- Patna ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Pinki Devi W/o Pankaj Kumar, D/o Premchandra Sao @ Prem Jee Resident of East of Tribhuvan School, Vijay Singh Yadav Path, Lekha Nagar, P.O.- Khagaul, P.S.- Danapur, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry.

The petitioner was granted provisional anticipatory bail vide order dated 30.08.2019.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.54099 of 2019(5) dt.12-06-2020 2/2 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. The case is 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.

Considering the facts and circumstances of the case and also the lockdown, the provisional anticipatory bail, granted to the petitioner in connection with Complaint Case No. 906(C) of 2018 to the satisfaction of learned S.D.J.M., Danapur, under order dated 30.08.2019 is hereby confirmed. (Sudhir Singh, J) Pankaj/- U T