Vishal Kumar Jha @ Vishal Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15318 of 2018 Arising Out of PS.Case No. -214 Year- 2017 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ====================================================== VISHAL KUMAR JHA @ VISHAL KUMAR, S/o Kali Nath Jha, Resident of Block No.- 21, Flat No.- 164, Premchandra Marg, Rajendra Nagar, P.S.- Kadam Kuan, District- Patna.
.... .... Petitioner
Versus
1. The State of Bihar.
2. Aditi Chaudhary, W/o Sri Vishal Kumar Jha, Resident of Bela More, Diwan Takia, Near Hotel Shyama Residency, Kathal Wari P.S.- L.N.M.U., District- Darbhanga- 846004.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Sanjeev Kumar, Advocate. For the State : Mr. Zainul Abedin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-03-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A), 323, 379, 504 and 506/34 of the IPC.
The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the
Patna High Court Cr.Misc. No.15318 of 2018 (2) dt.16-03-2018 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 further 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 learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.
Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned C.J.M., Darbhanga, in connection with L.N.M.U. P.S. Case No. 214 of 2017, corresponding to G.R. No. 2642 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T