Patna High CourtCR. MISC./15321/2017bail granted

Vinit Kumar v. State Of Bihar And ANR

2018-02-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15321 of 2017 Arising Out of PS. Case No.-210 Year-2016 Thana- HASPURA District- Aurangabad ====================================================== Vinit Kumar S/o Kaldeo Yadav, resident of village Udaybhan-Chak, P.S. Haspura, District Aurangabad ... ... Petitioner/s

Versus

1. State Of Bihar

2. Munni Kumari w/o Vinit Kumar, resident of village Udaybhan Chak, P.S. Haspura, District Aurangabad, at present resident of village Koria Baibatpur, P.O. Sihari, P.S. Haspura, District Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. ARUN KUMAR SINGH -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-02-2018 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 498A, 504, 506/34 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. By order dated 10.10.2017, the matter was referred to the Patna High Court Mediation Centre, Patna. As per the report of the Mediator, the mediation has failed.

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.15321 of 2017(7) dt.13-02-2018 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 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., Daudnagar (Aurangabad) in connection with Haspura P.S. case No.210 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T