Rajesh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20236 of 2019 Arising Out of PS. Case No.-1408 Year-2014 Thana- COMPLAINT CASE District- Araria ====================================================== Rajesh Mukhiya Son of Sukdeo Mukhiya Resident of Village - Khojri, Ward No. 06 Milik, P.S.- Bhargama,Dist.- Araria ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Jagmaya Devi Wife of Rajesh Mukhiya Resident of Village - Khojri, Ward No. 06 Milik, P.S.- Bhargama,Dist.- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-04-2019 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. 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 there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. On earlier occasion also, the victim had instituted a case for similar offence against the petitioner and his family members. The case is triable by the

Patna High Court CR. MISC. No.20236 of 2019(2) dt.02-04-2019 2/2 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.

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, Araria in connection with Complaint case No.1408C of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T