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Deepak Kumar vs The State Of Bihar on 30 July, 2018

Criminal Miscellaneous No.39209 of 2018
Arising Out of PS. Case No.-239 Year-2017 Thana- BRAHMPURA District- Muzaffarpur

Deepak Kumar S/o Bhola Sah, R/o Mohalla- Baba Triloki Nath Mandir, P.S.-
Brahampura, Distt.- Muzaffarpur.

… … Petitioner/s
The State of Bihar

… … Opposite Party/s

Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pandey
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur


3 30-07-2018 Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner is apprehending his arrest in a case

registered under Sections 498A and 377 of the Indian Penal

Code and ¾ of Dowry Prohibition Act.

Allegation against the petitioner is of committing

torture upon the victim due to non-fulfilment of demand of


On 5.7.2018, an opportunity was given to the parties

for one time settlement. When the matter was taken up today, it

has been submitted on behalf of the parties that the

reconciliation between the parties have failed.

It has been submitted on behalf of the petitioner that

the petitioner has got no criminal antecedent. There is no
Patna High Court Cr.Misc. No.39209 of 2018(3) dt.30-07-2018

allegation of tampering of witnesses alleged against the

petitioner. As far as offence under Section 377 IPC is concerned,

same is superficial in nature. Rest of the offence 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 Chief Judicial

Magistrate, Muzaffarpur in connection with Brahampura P.S.

Case No. 239 of 2017, subject to the conditions as laid down

under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J)


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