Vinay Kumar Ram @ Vinay Kumar Ram Tatwa v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70479 of 2018 Arising Out of PS. Case No.-1708 Year-2010 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Vinay Kumar Ram @ Vinay Kumar Ram Tatwa Son of Shiv Bachan Ram @ Shiv Bachan Ram Tatwa Resident of Village-Chaugaee,P.S. Murar,Distt.- Buxar ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Babita Devi Wife of Vinay Kumar Ram @ Vinay Kumar Ram,D/o Surendra Prasad Resident of Village-Saheb Tola,P.S. Bihia,Distt.-Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Dular Sah For the Opposite Party/s :

Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case in which cognizance has been taken under section 498A of the Indian Penal Code and 4 of Dowry Prohibition Act. Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment 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

Patna High Court Cr.Misc. No.70479 of 2018(2) dt.28-11-2018 2/2 present case due to 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, 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 learned S.D.J.M., Ara in connection with Complaint Case No. 1208(C)/2010, Tr. No. 2771/2011, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T