Dhananjay Kumar @ Dhananjay Kumar Gupta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40393 of 2017 Arising Out of PS.Case No. -3152 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Dhananjay Kumar @ Dhananjay Kumar Gupta, Son of Kapil Deo Prasad, resident of Village/ Mohalla- West Jai Prakash Nagar, P.S.- Jakkanpur, District- Patna, Bihar.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Beena Kumari @ Bina Kumari, wife of Dhananjay Kumar @ Dhananjay Kumar Gupta, Resident of Village/ Mohalla- West Jai Prakash Nagar, P.S.- Jakkanpur, District- Patna, Bihar. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Manish Kumar No-2, Advocate. For the State : Mr. Ashok Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Patna Complaint Case No. 3152/2015 for the offences instituted under Sections 498(A), 323 and 504 of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner tortured the complainant due to non-fulfillment of demand of dowry.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the

Patna High Court Cr.Misc. No.40393 of 2017 (2) dt.25-08-2017 2/2 petitioner. He 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. It has been submitted by learned counsel for the State that the petitioner is named in the complaint case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Patna Complaint Case No. 3152/2015 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T