Ranjeet Kumar @ Ranjeet Kumar Gupta v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10894 of 2018 Arising Out of PS. Case No.-1563 Year-2016 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Ranjeet Kumar @ Ranjeet Kumar Gupta, Son of Mahendra Sah, Resident of Village- Shripur Rampur, P.s.- Sugauli, District- East Champaran. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Pritam Priyadarshi, Daughter of Anirudh Prasad, Resident of Village- Gahiri, P.S.- Nautan, District- West Champaran.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Javed Aslam For the Opposite Party/s :
Mr. GANESH PRASAD SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-03-2018 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 323/498A 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.
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. A police case was instituted for an offence under Section 498A
Patna High Court Cr.Misc. No.10894 of 2018(2) dt.05-03-2018 2/3 IPC and other sections of the Indian Penal Code vide Annexure1 to the present application against the petitioner and his family members. Police after investigation submitted final form dated 1.7.2016 finding the allegation and the accusation made on behalf of the father of the victim to be false. The said final form is part of Annexure-1 series. Thereafter, a protest petition (Annexure-2 series) was filed by the father of the victim on 10.08.2016 and after completion of inquiry under Section 202 Cr.P.C., process has been issued under Section 204 Cr.P.C. against the petitioner and others. There are multiplicity of litigations pending between the parties. 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
Patna High Court Cr.Misc. No.10894 of 2018(2) dt.05-03-2018 3/3 like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran in connection with Complaint Case No. 1563-C of 2016 (S.C. -1166 of 2016), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Pankaj/- U T