Niraj Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71045 of 2018 Arising Out of PS. Case No.-74 Year-2017 Thana- CHAUTHAM District- Khagaria ====================================================== Niraj Kumar Singh Son of Late Bedanand Singh Resident of VillagePakria,P.S. Shambhuganj,Distt.-Banka ... ... Petitioner/s

Versus

1. The State of Bihar

2. Rashmi Rani Devi D/o of Gopal Prasad Singh Resident of Choutham,P.S. Choutham,Distt.-Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar Agrawal For the Opposite Party/s :

Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498A, 307, 384, 363, 379, 323, 325, 326, 504, 120(B)/34 of the Indian Penal Code, 27 of the Arms Act and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture and assault 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. There is no medical examination report in respect of offence

Patna High Court Cr.Misc. No.71045 of 2018(2) dt.30-11-2018 2/2 under Section 307 IPC. Rest of the offences are 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/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 J.M. 1st Class, Khagaria in connection with Choutham P.S. Case No. 74/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T