The Court granted anticipatory bail to the petitioner apprehending arrest in a dowry-related case. He must surrender within six weeks and furnish a bond with two sureties, subject to CCF conditions.
Petitioner to be released on anticipatory bail if he surrenders within six weeks on furnishing Rs.10,000 bond with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47226 of 2017
Arising Out of PS.Case No. -116 Year- 2017 Thana -JANKINAGAR District- PURNIA
====================================================== ROSHAN KUMAR @ RAUSHAN KUMAR Son of Sadanand Ram, R/o Village- Hatiya Tola Khunt, Ward No. 7, P.S.- Janki Nagar, DistrictPurnea.
.... .... Petitioner
Versus
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Md. Hussain, Advocate. For the State : Mr. Ajay Kumar -2, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 12-10-2017 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 341, 323, 498(A), 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 nonfulfillment 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.47226 of 2017 (2) dt.12-10-2017
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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 J.M. Ist Class, Purnea, in connection with Jankinagar P.S. Case No. 116 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./U T
(Sudhir Singh, J)
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail in a case involving offences under Sections 341, 323, 498(A), 504 and 506/34 of the IPC.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharRelied on¶18
2006(3) PLJR 182
1 provisions across 1 enactments
Roshan Kumar @ Raushan Kumar
The State of Bihar
Rekha Kumari
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
