Chandan Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16927 of 2018 Arising Out of PS. Case No.-1362 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Chandan Kumar, Son of Ram Prakash Sinha, Village- Morsand P.S.- Pusa, District- Samastipur.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Smt. Shanti Suman Wife of Chandan Kumar, Village- Mors P.S. Pusa, District- Samastipur. At present resident of Place Shanti Suman, D/o Amresh Kumar Resident of Village- Bandih, Post- Maricha, P.S.- Tajpur DistrictSamastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar For the State :

Mr. SHAILENDRA KUMAR -1 For the O.P. NO. 2 :

Mr. P.K. Shahi, Sr. Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2018 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 present case due to petty family dispute. The case is triable by

Patna High Court Cr.Misc. No.16927 of 2018(3) dt.29-03-2018 2/2 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 Sri Sankash Chandra, A.C.J.M.-VI, Samastipur in connection with C.R. No. 1362 of 2017 (T.R. No. 2533 of 2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. If so advised, the O.P. No. 2 may approach the Family Court of competent jurisdiction for the redressal of her grievances, if any.

(Sudhir Singh, J) Pankaj/- U T