Anshuman Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23826 of 2018 Arising Out of PS. Case No.-2326 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Anshuman Prasad son of Late Abhimanyu Prasad resident of Flat No. H/2, Dum Dum House, 246/11, R.B.C. Road, Police Station - Gora Bazar, Kolkata - 28 (West Bengal).

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Suman Kumari wife of Anshuman Prasad, daughter of Mohan Prasad Singh Chitragupta Lane, Sorangpur, East Ram Krishna Nagar, South of Devi Asthan, Police Station - Ram Krishna Nagar, Town and District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Angad Kunwar For the Opposite Party/s :

Mr. Uday Chand Prasad For the O.P. No. 2 :

Mr. Raja Ram Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-04-2018 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 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-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

Patna High Court Cr.Misc. No.23826 of 2018(2) dt.23-04-2018 2/2 petitioner. The petitioner has falsely been implicated in the 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., Patna in connection with Complaint Case No. 2326 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T