Niraj Kumar Sinha @ Niraj Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.202 of 2018 Arising Out of PS.Case No. -1530 Year- 2015 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ======================================================
1. Niraj Kumar Sinha @ Niraj Kumar, S/o Rajeshwar Prasad Sinha @ Rajeshwar Prasad Mandilwar, R/o Mohalla- Hanumat Niwas, Progressive Colony, Bhootnath Road, P.O.- Bahadurpur Housing Colony, P.S.- Agamkuan, District- Patna.
.... .... Petitioner
Versus
1. The State of Bihar.
2. Divya Sinha, W/o Niraj Kumar Sinha, D/o Late Randhir Kumar Sinha, R/o Mohalla- Amber, Siristal, P.S.- Biharsharif, District- Nalanda. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Vishal Saurabh For the Opposite Party/s : Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in a case instituted under Section 498A 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 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case
Patna High Court Cr.Misc. No.202 of 2018 (2) dt.05-01-2018 2/2 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 Complaint case.
Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint case No.1530© of 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., Nalanda at Biharsharif, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Amit/- U T