Arbind Kumar Barnwal @ Arvind Kumar Barnwal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69913 of 2018 Arising Out of PS. Case No.-236 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== Arbind Kumar Barnwal @ Arvind Kumar Barnwal S/o Brijesh Prasad Barnwal, resident of village Puraina, P.s. Chanpatia, District West Champaran ... ... Petitioner/s

Versus

1. State Of Bihar

2. Amrita Kumari w/o Arbind Kumar Barnwal @ Arvind Kumar Barnawal, D/o Jaichandra Prasad Barnwal, resident of Mohalla Check Post, I.T.I., P.S. Bettiah Mufassil, District West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498A, 494, 323, 504/34 of the Indian Penal Code and 3⁄4 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 there is no allegation of tampering of witnesses alleged against the petitioner. On the earlier occasion also the victim had instituted case for similar offence against the petitioner and his family members. The petitioner has falsely been implicated in the

Patna High Court Cr.Misc. No.69913 of 2018(2) dt.27-11-2018 2/2 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 C.J.M., Bettiah, West Champaran in connection with Chanpatia P.S. case No.236 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T