Amit Kumar @ Amit Kumar Gupta v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52910 of 2017 Arising Out of PS.Case No. -1733 Year- 2013 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ====================================================== Amit Kumar @ Amit Kumar Gupta, S/o Sheoji Prasad, Gupta @ Shivjee Prasad Resident of Mohalla-Ilamram Chowk, Bettiah, Police StationBettiah (Town), District-West Champaran. .... .... Petitioner
Versus
1. The State of Bihar.
2. Anjali Kumari @ Anjali Devi, W/o Amit Kumar @ Amit KUmar Gupta,D/o Raju Kumar Gupta, resident of Mohalla-Ilamram Chowk, Ganj No.2, Bettiah, Ward No. 18, P.O. + P.S. Bettiah (Town), DistrictWest Champaran. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Akhileshwar Kumar Shrivastva, Advocate.
For the State : Mr. Dr. Ajeet Kumar, A.P.P. For the O.P. No. 2 : Mr. Bimlesh Kumar Pandey, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for O.P. No. 2. The petitioner is apprehending his arrest in a case for the offence registered under Section 498(A)/34 of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There
Patna High Court Cr.Misc. No.52910 of 2017 (2) dt.09-11-2017 2/2 is no allegation of tampering with the 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 further 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 learned counsels for the State and learned counsel for O.P. No. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned S.D.J.M. West Champaran at Bettiah, in connection with Tr. No. 839/2014, arising out of Complaint Case No. 1733C/2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T