Patna High CourtCR. MISC./56297/2017bail granted

Amit Kumar Sah @ Amit Kumar v. State Of Bihar And ANR

2017-11-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56297 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -MAHILA P.S. District- SITAMARHI ======================================================

1. Amit Kumar Sah @ Amit Kumar S/o Surya Narayan @ Satya Narayan Sah R/o Mohalla - Mirchaipatti, P.S. + District - Sitamarhi. .... .... Petitioner

Versus

1. The State of Bihar.

2. Jamila Khatoon D/o Md. Munna R/o Village - Naya Tola, Mela Road, Ward No. 21, P.S. + District - Sitamarhi.

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

For the Petitioner/s : Mr. Dinesh Jha For the Opposite Party/s : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case instituted under Sections 498(A)/34 of the Indian Penal Code. 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 case is triable by the Magistrate. The marriage has been denied by the petitioner. The petitioner has falsely been implicated in the present

Patna High Court Cr.Misc. No.56297 of 2017 (2) dt.27-11-2017 2/2 case. 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 F.I.R.

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 Sitamarhi Mahila P.S. case No. 06/2017, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T