Nitin Mukesh @ Nitin Mukesh Deepak v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29765 of 2017 Arising Out of PS.Case No. -500 Year- 2016 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Nitin Mukesh @ Nitin Mukesh Deepak, S/o Shyam Jee Lal, Resident of Village- Ara, Hanuman Tola, P.S.- Dharahara, District- Bhojpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. Soni Devi, W/o Nitin Mukesh, Resident of Village- Ara, Hanuman Tola, P.S.- Dharahara, District- Bhojpur. A/p Soni Devi, D/o- Vipul Prasad Sinha, Resident of Bikramganj, Ward No.11, P.s.- Bikramganj, District- Rohtas. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Nikhil Kumar Agrawal For the Opposite Party/s : Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 500 of 2016 for the offence instituted under Sections 498(A) of the Indian Penal Code and 4 of D.P. Act.

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

Patna High Court Cr.Misc. No.29765 of 2017 (2) dt.13-07-2017 2/2 of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. 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 complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 500 of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bikramganj, Rohtas, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T