Raj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3469 of 2018 Arising Out of PS. Case No.-185 Year-2017 Thana- MUFFASIL District- West Champaran ====================================================== Raj Kumar, Son of Sheo Pujan Prasad resident of Village Aamwa Manjhar, Farwa Purbi Tola, P.S. Bettiah Muffasil, District- West Champaran. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Rimjim Devi, Wife of Raj Kumar Daughter of Kanhaiya Lal Prasad, resident of village Hardia P.O. Barwat Sena, P.S. Bettiah Muffasil, District- West Champaran.

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

For the Petitioner/s :

Mr. Md. Nurul Hoda For the Opposite Party/s :

Mr. SHAILENDRA KUMAR SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 420, 341, 323, 498A, 504, 307 of the Indian Penal Code.

Allegation against the petitioner is of committing torture and assault 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. There

Patna High Court Cr.Misc. No.3469 of 2018(2) dt.17-01-2018 2/2 is no medical examination report to make out an offence under Section 307 of the I.P.C. the alleged occurrence is said to have taken place due to petty family dispute. 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 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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Muffasil P.S. case No.185 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T