Pankaj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26080 of 2018 Arising Out of PS. Case No.-468 Year-2016 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Pankaj Kumar S/o Jagdish Roy resident of Village - Haripur, Bhiraha, P.S. Rosera, District Samastipur.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Smt. Mithilesh Kumari (Devi) W/o Pankaj Kumar Resident of Haripur Bihra, P.S. Rosera, District - Samastipur. At present residing at Daughter of Late Shyam Kishore Singh, Village - Bhuswar, P.S. - Bibhutipur, District - Samastipur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Shekhar Kumar Prasad For the Opposite Party/s :

Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-04-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner is apprehending his arrest in a case registered under Sections 323, 341, 354, 354(b), 307, 326, 406, 420, 313, 427, 494, 498A, 506 part 2nd/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act, but cognizance has been taken under Sections 323, 498A, 494 of the I.P.C. 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

Patna High Court Cr.Misc. No.26080 of 2018(2) dt.30-04-2018 2/2 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 and learned counsel for the opposite party No.2, 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 Additional Chief Judicial Magistrate-I, Rosera in connection with Complaint case No.468 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/- (Sudhir Singh, J) U T