Dharmendra Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47570 of 2017 Arising Out of PS.Case No. -2512 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Dharmendra Kumar S/o Late Lakhan Sao, R/o Village- Rafiganj Mandi Near Pakka Kuan, P.S.- Rafiganj, District- Aurangabad A/p Renter of Nareshji House No. 187, Pila Gaddi, Ramleela Park, P.S.- Miyabadi Nagar, Delhi-110087.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Khushbu Kumari W/o Dharmendra Prasad, D/o Nanhki Sao, R/o VillageManpur Bairiya, P.S.- Gopalpur, District- Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Rewti Kant Raman For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in a case instituted under Sections 323, 498(A)/34 of the Indian Penal Code and 3⁄4 of D.P. Act.

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

Patna High Court Cr.Misc. No.47570 of 2017 (3) dt.09-11-2017 2/2 petitioner has falsely been implicated in the present case. The case 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 and counsel for the O.P. No.2, 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 his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No.2512 © of 2016, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Smt. Ritu Kumari, J.M.1st Class, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T