Amarjeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6232 of 2018 Arising Out of PS. Case No.-94 Year-2017 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Amarjeet Singh, Son of Jawahar Prasad Singh, Resident of VillageGurunanak Dev Colony, P.S. Zeromile, District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajive Ranjan Singh For the Opposite Party/s :

Mr. ANAND MOHAN PRASAD MEHTA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-02-2018 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 498A, 365 and 34 of the Indian Penal Code.

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 petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. No offence under Section 365 of the Indian Penal Code is made out. The son of the victim has been examined in paragraph 8 of the case diary.

Patna High Court Cr.Misc. No.6232 of 2018(3) dt.20-02-2018 2/2 The son of the victim including the other witnesses have stated that the victim had left the house on her own sweet will. There is no allegation of kidnapping or abduction of the victim. The I.O. has also tried to search the victim but till date she has not been traced. 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 and the O.P. No. 2, it has been 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 A.C.J.M.-IX, Bhagalpur in connection with Industrial Area P.S. Case No. 94 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T