Nitish Kumar @ Nitish Mahto vs State Of Bihar & Anr on 9 July, 2018

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Patna High Court - Orders

Nitish Kumar @ Nitish Mahto vs State Of Bihar & Anr on 9 July, 2018

Bench: Sudhir Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.40629 of 2018
                    Arising Out of PS.Case No. -300 Year- 2017 Thana -PATNA COM PLAINT CASE District-
                                                            PATNA
                 ======================================================
                 Nitish Kumar @ Nitish Mahto
                                                                     .... .... Petitioner/s
                                                 Versus
                 State of Bihar & Anr
                                                                .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Ajit Ranjan Kumar
                 For the Opposite Party/s   : Mr. Sri Sanjay Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                 ORAL ORDER

2   09-07-2018

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 323, 504, 498A, 406 of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment 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 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. Patna High Court Cr.M isc. No.40629 of 2018 (2) dt.09-07-2018 Page 2 of 2

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 Sri Deepak Kumar, learned ACJM-IV, Barh in connection with Complaint Case No. 300/C/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./-

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Patna High Court - Orders