Sanny Kumar And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8798 of 2018 Arising Out of PS. Case No.-952 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ======================================================

1. Sanny Kumar, Son of Shri Shankar Paswan,

2. Sachin Paswan @ Sachin Kumar, Son of Shri Shankar Paswan, Both are resident of Village- Sisauni (Mokama Ghat), Police Station- Mokama, District- Patna.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Puja Kumari, Wife of Shri Sanny Kumar, Daughter of Shri Deepak Paswan, resident of Village- Doast Mohmmad, Police Station- Fatuha, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Opposite Party/s :

Mr. SMT. SAHIN BEGAM ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 498A of the Indian Penal Code and 4 of Dowry Prohibition Act.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Petitioner no. 1 is the husband and petitioner no. 2 is

Patna High Court Cr.Misc. No.8798 of 2018(2) dt.19-02-2018 2/2 devar. They have falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioners have 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 petitioners are named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioners, 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) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Patna City in connection with Complaint Case No. 952 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U