Birendra Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61509 of 2018 Arising Out of PS.Case No. -157 Year- 2016 Thana -SHEKHPURA COMPLAINT CASE DistrictSEKHPURA ======================================================

1. Birendra Prasad Son of Sri Bachchu Mahto, Resident of VillageGaurapar (Paingri), P.S.-Warsaliganj, District-Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Gayatri devi Wife of Birendra Prasad Daughter of Sri Narayan Mahto, Resident of Village-Gaurapar (Paingri), P.S.-Warsaliganj, District-Nawada. t Present address-resident of Village-Akbarbigha, P.S. Barbigha DistrictSheikhpura. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Prakash For the Opposite Party/s : Mr. Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 498A 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-fulfillment 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 petitioner. The petitioner has falsely been implicated in the present case due to

Patna High Court Cr.Misc. No.61509 of 2018 (2) dt.04-10-2018 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 Sub Divisional Judicial Magistrate, Sheikhpura in connection with Complaint Case No. 157(C) of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T