Tribhuwan Shankar Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36880 of 2017 Arising Out of PS.Case No. -390 Year- 2015 Thana -CIVIL LINE District- GAYA ======================================================

1. Tribhuwan Shankar Prasad, Son of Late Lalit Prasad, Resident of Mohalla- Dhanesh Bhawan Compound, Sahmir Takaya, P.S.- Civil Lines, Gaya, District- Gaya.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Rita Kumari, Wife of Tribhuwan Shankar Prasad, Resident of MohallaDhanesh Bhawan Compound, Sahmir Takaya, P.S.- Civil Lines, Gaya, District- Gaya.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Civil Lines Gaya P.S. Case No. 390/2015 for the offence instituted under Sections 498(A)/323 of the Indian Penal Code. The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present

Patna High Court Cr.Misc. No.36880 of 2017 (2) dt.10-08-2017 2/2 case. The case is triable by the Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The 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 Civil Lines Gaya P.S. Case No. 390/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T