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Patna High CourtCR. MISC./51826/2016allowed

Upendra Pandey v. The State Of Bihar

2016-12-20Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.51826 of 2016 (2) dt.20-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51826 of 2016 Arising Out of PS.Case No. -305 Year- 2016 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================

1. Upendra Pandey Son of Hanuman Pandey resident of village - Bhankhanpur, P.S. Mohania, District - Kaimur at Bhabua .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Parwej Khan For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

Petitioner is in custody since 03.10.2016 in connection with Mohania P.S. Case No. 305 of 2016 registered under Sections 341, 498-A and 34 of the Indian Penal Code and Section 3/4 of the D.P. Act. 3.

Accusation is of torture for non fulfillment of dowry demand.

4.

Learned counsel for the petitioner has submitted that the allegation against this petitioner is totally false and fabricated. Earlier also informant has lodged a Complaint Case No. 1019 of 2014 against the petitioner, in which, the petitioner has been granted provisional anticipatory bail for one year by a co-ordinate Bench of this Court. Subsequently, a Complaint Case No. 712 of 2016 has also been filed by the informant. This approach of the informant shows that she is trying

Patna High Court Cr.Misc. No.51826 of 2016 (2) dt.20-12-2016 to harass the petitioner and his family members. 5.

Considering the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Kaimur at Bhabhua in connection with Mohania P.S. Case No. 305 of 2016. (Arvind Srivastava, J) brajesh/- U T