Sudeep Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28398 of 2017 Arising Out of PS.Case No. -346 Year- 2013 Thana -SHEKHPURA COMPLAINT CASE DistrictSEKHPURA ====================================================== Sudeep Kumar son of Ambika Prasad, resident of Mohalla Vivekanand Colony, Barmasiya, Police Station and District Giridih (Jharkhand) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ekta Kumari @ Archana Kumari wife of Sudeep Kumar, resident of Mohalla Vivekanand Colony, Barmasiya, Police Station and District Giridih (Jharkhand), daughter of Ajit Kumar @ Madan Prasad, resident of Mohalla Purani Sahar, Main Road, Barbigha, P.S. Barbigha, District Sheikhpura .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Mr. Amrendra Prasad, 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 498(A), 323, 341, 504, 313, 307/34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act. Allegation is that the accused persons including the petitioner tortured and assaulted the complainant for demand of a car as dowry and also ousted her from the house. 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

Patna High Court Cr.Misc. No.28398 of 2017 (2) dt.01-07-2017 2/2 petitioner has been made accused due to mistake of fact. The petitioner is already paying Rs.6000/- per month to the complainant as per the order of the Family Court. 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 Sub Divisional Judicial Magistrate, Sheikhpura in connection with Complaint case No.346C of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T