Sampat Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20474 of 2017 Arising Out of PS.Case No. -2703 Year- 2014 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Sampat Paswan S/o Baleshwar Paswan, R/o vill-Hasanpur Gangti, P.S Kathara, O.P. + Dist.- Vaishali .... .... Petitioner

Versus

1. State of Bihar

2. Rinku Devi D/o Ram Pukar Paswan, vill- Madhopur, P.S. Mahua, Dist.- Vaishali.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of the O.P. No.2.

The petitioner is apprehending his arrest in a case instituted under Section 498(A) of the Indian Penal Code. The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

Vide order dated 04.09.2017, the matter was referred to the Mediation and Conciliation Centre, Patna High Court, Patna but as per the report of the Mediator, the mediation has failed. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of

Patna High Court Cr.Misc. No.20474 of 2017 (5) dt.09-11-2017 2/2 tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State and the counsel for the O.P. No.2, it has been submitted that the petitioner is named in the Complaint Case.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No.2703 of 2014, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge-4-cum-A.C.J.M.-III, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Amit/- U T