Patna High CourtCR. MISC./29476/2017bail granted

Ashok Kumar Srivastava v. State Of Bihar And ANR

2018-01-04Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29476 of 2017 Arising Out of PS. Case No.-351 Year-2016 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Ashok Kumar Srivastava, Son of late Gajendra Prasad Srivastava, resident of Village- Bhakurhar, P.S.- Bairgania, District- Sitamarhi. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Anamika Kumari, daughter of Arun Kumar Srivastava, resident of Nagendra Nagar Colony, Lane No. 2, Bela Road, P.S. Bela, District Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Siddhartha Prasad, Advocate For the State :

Mr. AKSHAY LAL PANDIT, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-01-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner is apprehending his arrest in a case registered under Sections 420, 498A, 406/34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry. The matter was referred to the Mediation Centre, Patna High Court vide order dated 22.08.2017. As per the report of the Mediator, the mediation has failed.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court Cr.Misc. No.29476 of 2017(5) dt.04-01-2018 2/2 of tampering of 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 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 State and learned counsel for the opposite party No.2, 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 A.C.J.M.-cum-Sub Judge 12th, Muzaffarpur in connection with Complaint case No.351 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T