Rishikesh Kumar Singh @ Rishikesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13174 of 2018 Arising Out of PS. Case No.-860 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Rishikesh Kumar Singh @ Rishikesh Kumar, s/o- Ram Bilash Singh, resident of Ambika Goswami Quarter No. 12/D/10, West Boring Canal Road, Anandpuri, P.S.- Sri Krishnapuri, district- Patna. ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Minakshi Kumari @ Beauty, wife of Sri Rishikesh Kumar, d/o- Sri Umesh Kumar Chaudhary, r/o- mohalla Bairiya Bus Stand, P.s.- Ahiyapur, DistrictMuzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Babita Kumari For the Opposite Party/s :

Mr. C. Jawahar For the O.P. No. 2 :

Mrs. Alka ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2018 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.

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. The case is triable by the Magistrate. The petitioner has relied upon

Patna High Court Cr.Misc. No.13174 of 2018(2) dt.07-03-2018 2/2 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., Muzaffarpur (East) in connection with Complaint Case No. 860 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