Kuldip Sharma @ Kuldip Kumar Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33880 of 2018 Arising Out of PS. Case No.-115 Year-2017 Thana- RAJNAGAR District- Madhubani ====================================================== Kuldip Sharma @ Kuldip Kumar Sharma son of Dukhan Thakur, resident of village Rahi Tol, P.S. Rajnagar, District Madhubani ... ... Petitioner/s

Versus

1. State Of Bihar

2. Prinka Kumari Sharma wife of Kuldip Sharma @ Kuldip Kumar Sharma, resident of village Raho Tol, P.S. Rajnagar, district Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Gagan Deo Yadav, Advocate For the State :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2018 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 341, 323, 498A/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of 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 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

Patna High Court Cr.Misc. No.33880 of 2018(6) dt.08-10-2018 2/2 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/F.I.R.

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 Sri Vikash Jha, J.M., 1st class, Madhubani in connection with Rajnagar P.S. case No.115 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T