Patna High CourtCR. MISC./57819/2018bail granted

Shankar Kumar v. State Of Bihar And ANR

2018-10-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57819 of 2018 Arising Out of PS. Case No.-1340 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Shankar Kumar, Son of Shri Arun Prasad Singh, Resident of VillageKhalishpur, Police Station- Sarairanjan, District- Samastipur. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Smt. Sangam Kumari, Wife of Shanker Kumar, Resident of VillageKhalishpur, Police Station- Sarairanjan, District- Samastipur. at present Sangam Kumari, Daughter of Dinesh Prasad Singh, Resident of VillageBajitpur, P.O.- Satanpur, P.S.- Ujiyarpur, Distt- Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Singh For the Opposite Party/s :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code. 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.57819 of 2018(2) dt.09-10-2018 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, 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 A.C.J.M. VI, Samastipur in connection with Complaint case No.1340 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