Shyam Kumar Roy v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7271 of 2017 Arising Out of PS.Case No. -102 Year- 2014 Thana -JANDAHA District- VAISHALI(HAJIPUR) ======================================================

1. Shyam Kumar Roy, son of Mahendra Roy, Resident of Village Chand Sarai, P.S.- Jandaha, Dist- Vaishali.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Suman Devi @ Sonam Kumari, wife of Shyam Kumar Roy, resident of Vill- Chandsarai, P.S.- Jandaha, District- Vaishali. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-02-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Jandaha P.S. Case No. 102 of 2014 for the offences instituted under Sections 498A and 436/34 of the Indian Penal Code and Section 3/4 of D.P. Act.

The allegation against the petitioner is of subjecting mental and physical torture upon the informant for demand of fifty thousand, as dowry and also set her house on fire. It has been submitted on behalf of the petitioner that he has falsely been implicated in the present case. there is no allegation of tampering of witnesses alleged against the petitioner.

Patna High Court Cr.Misc. No.7271 of 2017 (2) dt.16-02-2017 2/2 The informant is first wife of the petitioner. Due to second marriage of the petitioner, the petitioner has falsely been implicated in the present case. One more case for the same offence has been instituted by the informant of the present case. The petitioner further relied upon the Judgment of Co-ordinate Bench of this Court, in the matter of Md. Naimul Haque Ansari Vs. State of Bihar reported in 2006(3) PLJR 182. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory 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 Jandaha P.S. Case No. 102 of 2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-11, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (Sudhir Singh, J) Amit/- U T