Sanjay Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30845 of 2017 Arising Out of PS.Case No. -184 Year- 2017 Thana -KADAMKUAN District- PATNA ====================================================== Sanjay Kumar, Son of Sri Naresh Prasad @ Naresh Sao, Resident of Mohalla- Salempur Ahara, Daldali Road, P.S.- Kadamkuao, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar.

2. Priya Kumari, D/o Krishna Prasad, W/o Sanjay Kumar, Resident of Village +P.S.- Parasi, District- Arwal.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Kanhaiya Pandey, Advocate For the State : Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2017 Heard learned counsels for the petitioner, informant and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Kadamkuan P.S. Case No. 184 of 2017 for the offences instituted under Sections 323, 498(A) of the IPC and 3⁄4 of the D.P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the informant due to nonfulfilment 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 with the witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.30845 of 2017 (2) dt.13-07-2017 2/2 case is triable by the Magistrate. He has falsely been implicated in the present case due to petty family dispute. The petitioner has further 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 learned counsels for the informant and the State, 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 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 Kadamkuan P.S. Case No. 184/2017 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T