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Patna High CourtCR. MISC./61894/2018bail granted

Amarjit Kumar @ Amarjit Singh v. State Of Bihar And ANR

2018-10-04Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61894 of 2018 Arising Out of PS.Case No. -657 Year- 2017 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ====================================================== Amarjit Kumar @ Amarjit Singh, S/o Sri Tawakya @ Bihari Singh, resident of Village- Shirosar, P.S. Koraon, District- Allahabad (U.P.) .... .... Petitioner/s

Versus

1. The State of Bihar &

2. Madhu Devi, W/o Amarjit Singh, resident of Village- Shirosar, P.S. Koraon, District- Allahabad (U.P.) at present Village-Nasez, P.S. Kudra, District-Kaimur (Bhabua).

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Kumar Seth For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-10-2018 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-fulfillment 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 of

Patna High Court Cr.Misc. No.61894 of 2018 (2) dt.04-10-2018 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/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 Shri Shailendra Kumar, learned Judicial Magistrate-Ist Class, Kaimur at Bhabua in connection with Complaint Case No. 657 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T