Pintu Kumar v. Seema Kumari And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60119 of 2017 Arising Out of PS.Case No. -830 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Pintu Kumar, S/o Sri Gauri Shankar Pd., resident of Village- Murgawa, P.S.- Wen, District- Nalanda.
.... .... Petitioner
Versus
1. Seema Kumari, W/o Pintu Kumar, D/o Akhilesh Kumar, resident of Village- Baldha Saraiya, P.S.- Nagarnausa, District- Nalanda.
2. The State of Bihar.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-12-2017 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 498A, 354, 359(A), 504, 506 of the Indian Penal Code and 3/4 of D.P. Act but cognizance has been taken under Section 498A 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
Patna High Court Cr.Misc. No.60119 of 2017 (2) dt.11-12-2017 2/2 tampering of witnesses alleged against the petitioner. The 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, 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.830/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna City, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Amit/- U T