Somesh Chandra @ Kumar Somesh Chandra v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14590 of 2018 Arising Out of PS. Case No.-60 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Somesh Chandra @ Kumar Somesh Chandra, S/o Mukul Chandra Gara, resident of Village- Kalivedi Ward No. 12 Rosera, P.S. Rosera, DistrictSamastipur. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Pallavi Kumari @ Rimmi, W/o Somesh Chandra, resident of VillageKalivedi Ward No. 12 Rosera, P.S. Rosera, District- Samastipur. present resident D/o Binod Kumar, resident of Mohalla- Prabhu Thakur, Ward No.- 09, Rosera, P.S.- Rosera, District- Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mritunjay Kumar, Mr. Praveen Kumar For the Opposite Party/s :

Mr. SATYA NAND SHUKLA For the O.P. No. 2 :

Mr. Umesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-03-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No. 2. 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.

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

Patna High Court Cr.Misc. No.14590 of 2018(2) dt.15-03-2018 2/2 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 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 learned A.C.J.M. -I, Rosera, Samastipur in connection with Samastipur (Rosera ) Complaint Case No. 60/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T