Patna High CourtCR. MISC./9366/2018bail granted

Deepak Kumar v. State Of Bihar And ANR

2018-02-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9366 of 2018 Arising Out of PS. Case No.-677 Year-2016 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Deepak Kumar, Son of Biran Mahara, Resident of Village- Katesar P.S.- Bihta, District- Patna.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Chanda Devi, W/o Deepak Kumar, D/o Krishna Prasad, Resident of VillageKatesar, P.S.- Bihta, Distt- Patna. at present Vill- Sakaddi, P.S.- Koilwar, Distt- Bhojpur.

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. KUMAR RANJIT RANJAN ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-02-2018 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.

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 Md. Naimul Haque

Patna High Court Cr.Misc. No.9366 of 2018(2) dt.21-02-2018 2/2 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 S.D.J.M., Bhojpur at Ara in connection with Complaint Case No. 677(C) of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T