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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30963 of 2017 Arising Out of PS.Case No. -53 Year- 2017 Thana -CHARPOKHARI District- BHOJPUR ======================================================

1. Aditya Kumar @ Aditya Kumar Singh @ Aditya, Son of Vakil Prasad @ Vakil Prasad Singh, Resident of Village: Misrichak, Police Station: Sahar, District- Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kajal Kumari, wife of Aditya Kumar @ Aditya Kumar Singh @ Aditya, Resident of Village Misrichak, Police Station Sahar, District- Bhojpur. At present Village- Simraon, P.S. Chakokri, District- Bhojpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brajesh Kumar, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2017 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, 379/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

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

Patna High Court Cr.Misc. No.30963 of 2017 (2) dt.17-07-2017 2/2 petty family dispute. The case is triable by the Magistrate. The petitioner has further 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 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 A.C.J.M.-II, Bhojpur, Ara in connection with Charpokhari P.S. case No.53 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