Dharma Narayan Kamat @ Ddharma Narayan Kamat v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13919 of 2018 Arising Out of PS. Case No.-588 Year-2015 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Dharma Narayan Kamat @ Ddharma Narayan Kamat, Son of Sri Prayag Lal Kamat, Resident of Village- Haripur (Jat Tola), Ward No.16, P.S.- Kunauli, District- Supaul.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Rekha Devi, Wife of Dharma Narayan Kamat, D/o Govind Thakur, Resident of Gidrahi, P.S.- Andharamath, District- Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hriday Kant Mishra For the Opposite Party/s :

Mr. VINOD SHANKAR MODI ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 323, 341, 498A/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture 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. The case is triable by the Magistrate. The

Patna High Court Cr.Misc. No.13919 of 2018(2) dt.09-03-2018 2/2 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 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 learned S.D.J.M., Jhanjharpur (Madhubani) in connection with C.R. No.588 of 2015 corresponding to T.R. No.3889 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T