Anand Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62294 of 2017 Arising Out of PS. Case No.-1557 Year-2016 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== Anand Kumar Singh S/o Ishwar Dayal Singh, R/o Village- Dobhiya, P.S.- Darauli, District- Siwan.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Amrita Kumari D/o Bhulan Singh, R/o Village- Pihuli, P.S.- Assaon, DistrictSiwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Prabhakar Singh, Advocate For the State :

Mr. MATLOOB RAB, APP For opposite party No.2 :

Mr. Ajay Kr. Pandey, Advocate Mr. Sandeep Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-01-2018 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 323, 341, 498A, 504, 506/34 of the Indian Penal Code, but cognizance has been taken under Sections 323 and 498A 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.62294 of 2017(2) dt.05-01-2018 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 Sri Arvind Kumar, learned Judicial Magistrate, Siwan in connection with Complaint case No.1557 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