Rajesh Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1837 of 2018 Arising Out of PS. Case No.-62 Year-2016 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Rajesh Singh son of Late Sheo Prasad Singh @ Shiv Prasad Yadav resident of village - Karsherua, Police Station - Dariyaw, District Rohtas. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Ram Chandra Singh S/o Late Narayan Singh resident of village - Bhaluarhi, P.S. Indrapuri, District Rohtas.

3. Archana Devi Daughter of Ramchandra Singh, wife of Rajesh Singh resident of village - Bhaluaphi, Police Station - Indrapuri, District - Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Kumar Deo For the Opposite Party/s :

Mr. NARSINGH TANTI ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 323, 341, 504/34, 498A, 385, 386 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act, but cognizance has been taken under Sections 498A and 323/34 of the I.P.C.

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

Patna High Court Cr.Misc. No.1837 of 2018(2) dt.05-02-2018 2/2 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 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, it is submitted that the petitioner is named in the complaint case.

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 learned Sub Divisional Judicial Magistrate, Dehri, Rohtas in connection with Complaint case No.62C of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T