Kundan Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15106 of 2018 Arising Out of PS.Case No. -697 Year- 2017 Thana -PATRAKARNAGAR District- PATNA ====================================================== Kundan Kumar, Son of Sri Jagat Narayan Sharma @ Kamla Singh, Resident of Vijay Nagar, Hanuman Nagar, P.S.- Patrakar Nagar, DistrictPatna. .... .... Petitioner
Versus
1. The State of Bihar.
2. Puja Singh, Daughter of Sri Sadan Singh, Resident of Abbu Lodipur, P.S.- Janipur, District- Patna, presently residin at Sharda Bhawan, Tekari Road, Mahendru, P.S.- Sultanganj, Patna- 800006, DistrictPatna. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Prakash Kumar, Advocate. For the State : Mr. Nand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-03-2018 Heard learned counsel for the petitioner, 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 498(A), 406, 420/34 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
Patna High Court Cr.Misc. No.15106 of 2018 (2) dt.16-03-2018 2/2 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 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 Sub-Judge-X-cum-A.C.J.M., Patna, in connection with Patrakar Nagar P.S. Case No. 697 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