Anil Kumar @ Shiv Kumar Paswan @ Shiv Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46872 of 2017 Arising Out of PS. Case No.-8 Year-2016 Thana- ARWAL MAHILA District- Jehanabad ====================================================== Anil Kumar @ Shiv Kumar Paswan @ Shiv Paswan, Son of Dinesh Paswan, Resident of Khangah Khagri, Police Station- Arwal, District- Arwal. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Kiran Devi, Wife of Anil Kumar @ Shiv Kumar Paswan @ Shiv Paswan (Daughter of Chaneshwar Paswan), Resident of Khangah Khagri, Police Station- Arwal, District- Arwal. Presently residing at Village Pyare Chak, Tola West, P.S.- Arwal, District- Arwal.

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

For the Petitioner/s :

Mrs. Anita Kumari Singh, Advocate For the State :

Mr. Nand Kumar, APP For opposite party No.2 :

Mr. Purushotam Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2017 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 and 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 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

Patna High Court Cr.Misc. No.46872 of 2017(2) dt.21-09-2017 2/2 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 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 Sub Divisional Judicial Magistrate, Arwal in connection with Arwal Mahila P.S. case No.08 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T