Brajesh Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38409 of 2018 Arising Out of PS. Case No.-232 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Brajesh Pandey, Son of Gopal Jee Pandey, resident of Village- Adapur Thudhi, Belwa, P.S.- Adapur, District- East Champaran, Motihari. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Puja Devi, D/o Sanjay Singh and Wife of Brajesh Pandey, Resident of Mohalla- Sri Krishna Nagar Motihari, P.O.- Majhariya P.S. Town, DistrictEast Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anshu Dhar Sharma, Mr. Kaushalendra Narayan For the Opposite Party/s :

Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case in which cognizance has been taken under sections 323, 406, 498A, 504 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment 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

Patna High Court Cr.Misc. No.38409 of 2018(2) dt.06-07-2018 2/2 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.

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., Raxaul at Motihari in connection with T.R. No. 2377 of 2018 arising out of C. No. C232/17, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T