Sunil Prasad @ Sunil Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24197 of 2018 Arising Out of PS. Case No.-74 Year-2016 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Sunil Prasad @ Sunil Kumar S/o Late Munilal Prasad, R/o Parbhat Colony, Chas, P.S.- Bokaro, District- Bokaro (Jharkhand). ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Seema Devi W/o Sunil Prasad, R/o near Prabhat Colony, Chas, P.S.- Bokaro, District- Bokaro (Jharkhand), At present residing at Vill.- Nasriganj, P.S.- Nasriganj, District- Rohtas.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Rajendra Nath Sinha, Advocate For the State :

Smt. Anita Kumari Singh, A.P.P.

For opposite party no.2 :

Mr. Rajendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-06-2018 In the light of the supplementary affidavit filed on behalf of the petitioner, the petitioner is directed to make necessary correction in para 3 of the main application in course of the day.

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 Section 498A of the Indian Penal Code. 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 there is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.24197 of 2018(4) dt.20-06-2018 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 and learned counsel for the Opposite Party No.2, 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 Chief Judicial Magistrate, Vikramganj in connection with Complaint case No.74 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