Patna High CourtCR. MISC./19492/2017bail granted

Sudhir Kumar v. The State Of Bihar

2017-10-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19492 of 2017 Arising Out of PS.Case No. -278 Year- 2014 Thana -PALIGANJ District- PATNA ======================================================

1. Sudhir Kumar, son of Sachidanand Singh, resident of Village- Ijrata, P.S.- Paliganj, District- Patna.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Ritu Kumari D/o Late Sachidanand Sinha, village-Raghunathpur, P.O. Saidabad, P.S. Rani talab, Dist.- Patna .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sarvan Kumar For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2017 Heard learned counsel for the petitioner, learned counsel for the Opposite Party No.2 and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest for the offence instituted under Sections 498(A) 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.19492 of 2017 (4) dt.12-10-2017 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 the counsel for the Opposite Party No.2, it has been submitted that the petitioner is named in the F.I.R.

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 Paliganj P.S. Case No.278 of 2014 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., Danapur, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T