Patna High CourtCR. MISC./28522/2017bail granted

Bimal Kumar Singh v. State Of Bihar And ANR

2017-07-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28522 of 2017 Arising Out of PS.Case No. -393 Year- 2015 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================

1. Bimal Kumar Singh S/o- Lalit Kumar Singh @ Lalit Singh, R/o- 14, Barodar Bhatta Bhattacharjee Lane, P.S.- Nowrah, District- Nowarah (West Bengal).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shikha Singh @ Neha Wife of Bimal Kumar Singh, D/o Ravi Raj, R/o14, Barodar Bhatta Bhattacharjee Lane, P.S.- Nowrah, District- Nowrah (West Bengal). at present in the house of father at Laxman Sahaylane, Golbagicha Gabrapar, P.S.- Kotwali, District- Gaya. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit, Advocate For the Opposite Party/s : Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498(A) of the Indian Penal Code and 3 of Dowry Prohibition Act.

Allegation is that the accused persons including the petitioner tortured and assaulted the complainant due to nonfulfilment 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

Patna High Court Cr.Misc. No.28522 of 2017 (2) dt.01-07-2017 2/2 petitioner has falsely been implicated in the present case. After two and half years of the marriage the present case has been instituted against the petitioner by his wife. The petitioner has further relied upon the decision 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.

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., Gaya in connection with Complaint case No.393 of 2015/ Trial No.2795 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