Mantu Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40528 of 2017 Arising Out of PS.Case No. -1491 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Mantu Kumar, Son of Jamindra Sao @ Jamindra Prasad, R/o Dighi Kala West, Near Jogipur Braham Sthan, as a tenant of the building of Bishundeo Rai, P.S.- Sadar, District- Vaishali.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Rinki Kumari, W/o Mantu Kumar, D/o Mahendra Prasad, R/o Makhanpur, Chalital, P.S.- Alamganj, District- Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Niranjan Kumar, Advocate. For the State : Smt. Veena Rani Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 1491 (C) of 2015 for the offences instituted under Sections 498(A) and 3⁄4 of the D. P. Act. The prosecution story, in brief, is that the accused persons including the petitioner tortured the complainant due to non-fulfillment of demand of dowry.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the

Patna High Court Cr.Misc. No.40528 of 2017 (2) dt.25-08-2017 2/2 petitioner. He 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. It has been submitted by learned counsel for the State that the petitioner is named in the complaint case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on 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 Complaint Case No. 1491 (C) of 2015 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Patna City, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T