Sanjay Mistri @ Sanjay Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8179 of 2023 Arising Out of PS. Case No.-35 Year-2021 Thana- MAHILA P.S. District- Nalanda ====================================================== Sanjay Mistri @ Sanjay Vishwakarma S/O Late Jageshwar Vishwakarma R/vKhajesarai, P.S.- Rahui, District- Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashutosh Singh, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-05-2023 Heard learned counsels for the parties.

The petitioner apprehends arrest in a case registered for the offences under Sections 323, 498(A), 494, 379/34 of the Indian Penal Code.

As per prosecution case, all the FIR named accused persons including this petitioner tortured and harassed the informant for non-fulfillment of demand of dowry. It is submitted on behalf of petitioner that petitioner happens to be husband of the informant and present case has been lodged due to petty family dispute. There is general and omnibus allegation of commission of assault against him. It is further submitted that petitioner is ready to keep the informant, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection,

Patna High Court CR. MISC. No.8179 of 2023(2) dt.12-05-2023 2/2 petitioner has relied upon a 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. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioner.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bihar Sharif, Nalanda in connection with Mahila P.S. Case No. 35 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T