Abhishek Sinha v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28422 of 2017 Arising Out of PS.Case No. -1438 Year- 2015 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ====================================================== Abhishek Sinha, son of Bipin Bihari Prasad, resident of VillageAbhinandan, Sidharth Puri Colony, Road No.1, Manpur, P.S.- Manpur, District- Gaya, at present Raghubansh Apartment, Quarter no.101, First Floor, Patliputra Colony, Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Kumari Aprajita, daughter of Laxman Prasad, wife of Abhishek Sinha, resident of Mohalla- Kirtan Bhawan Road, Ward No.18, P.S.+DistrictMadhubani. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Ranjan Sinha, Advocate For the Opposite Party/s : Smt. Sahin Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 323, 498(A) of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.
Allegation is that the accused persons including the petitioner tortured the complainant for demand of vehicle to the value of Rs.20 lacs and due to non-fulfilment of the same they ousted her from the matrimonial home.
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.28422 of 2017 (2) dt.01-07-2017 2/2 of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Though the petitioner being husband, for no fault of his he has been made accused in the present case. The petitioner has further relied upon the decision 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.
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., Madhubani in connection with Complaint case No.1438 of 2015/ 1468 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T