Pawan Kumar Jaiswal @ Pawan Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48806 of 2018 Arising Out of PS.Case No. -1191 Year- 2014 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ====================================================== Pawan Kumar Jaiswal @ Pawan Kumar, S/o Harishambhu Prasad Jaiswal, R/o Mohalla- New Colony, Ward No.24, Bagaha Bazar, P.S.- Bagaha, District- West Champaran.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Soni Kumari Devi, W/o Pawan Kumar Jaiswal @ Pawan Kumar, D/o Azad Hind Prasad, R/o Mohalla- New Colony, Ward No.24, Bagaha Bazar, P.S.- Bagaha, District- West Champaran, at present R/o VillageGundi Nagar, Ward No.17, P.S.- Bagaha, Dist- West Champaran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Bimlesh Kumar Pandey, Advocate. For the State : Mr. Chandrasen Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-08-2018 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 Section 498(A) of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment 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.48806 of 2018 (2) dt.08-08-2018 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 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 A.C.J.M.-IInd, Bagaha, West Champaran, in connection with Complaint Case No. 1191/2014, corresponding to Trial No. 2364/17, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T