Naresh Kumar Ram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57747 of 2018 Arising Out of PS. Case No.-571 Year-2016 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Naresh Kumar Ram, s/o- Gyani Mahara, r/o- village Aurahi, P.S.- Babubarhi, District- Madhubani.

... ... Petitioner/s

Versus

1. The State Of Bihar

2. Sunita Kumari, wife of Naresh Ram and D/o- Sukan Ram, presenting residing at village Chapahi, P.s.- Andhrathadhi, District- Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Prasad For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 504, 506 and 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act in which cognizance has been taken under sections 498A IPC and 3 and 4 of D.P. 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

Patna High Court Cr.Misc. No.57747 of 2018(2) dt.17-09-2018 2/2 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/F.I.R. 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 Complaint Case No. CR No. 571/2016, T.R. No. 4094/2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T