Amit Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26836 of 2018 Arising Out of PS. Case No.-1163 Year-2017 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Amit Kumar son of Shambhu Prasad Rai, resident of village Cheria, P.S. Bhagwanpur, District Begusarai ... ... Petitioner/s

Versus

1. State Of Bihar

2. Priyanka Kumari w/o Amit Kumar, D/o late Shiv Shanker Singh, R/o village Cheria, P.S. Bhagwanpur, District Begusarai, at present R/o Bihat, P.S. Barauni, District Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jai Prakash Singh For the Opposite Party/s :

Smt. Veena Rani Prasadd.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2018 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 Sections 498A, 313, 314, 307 of the Indian Penal Code, but cognizance has been taken under Sections 498A and 323/34 of the I.P.C.

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.26836 of 2018(2) dt.02-05-2018 2/2 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 and learned counsel for the opposite party No.2, 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 Miss Sweta Grewal, learned Judicial Magistrate, 1st class, Begusarai in connection with Complaint case No.1163C 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