Mritunjay Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21192 of 2018 Arising Out of PS. Case No.-339 Year-2008 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Mritunjay Kumar, S/o Sri Bhola Singh, resident of Village- Narayan Bigha, P.O.- Sakari Khurd, P.S- Parasi, District- Arwal. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Puspa Devi, W/o Sri Mritunjay Kumar, resident of Village- Narayan Bigha, P.O.- Sakari Khurd, P.S.- Parasi, District- Arwal, at present D/o Ramdeep Singh, Village- Belsar Garh, P.O. + P.S.- Kaler, District- Arwal. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ajay Kumar, Advocate For the State :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2018 None appears on behalf of the opposite party No.2. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 323, 498, 494 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 petitioner. The petitioner has falsely been implicated in the present case due to

Patna High Court Cr.Misc. No.21192 of 2018(3) dt.17-07-2018 2/2 petty family dispute. The case is triable by the Magistrate. The matter has already been compromised between the parties vide Annexure 3 to the present application. 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.

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., Arwal in connection with Complaint case No.339 of 2008, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T