Pramod Chaudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10332 of 2017 Arising Out of PS.Case No. -21 Year- 2016 Thana -ROSHANGAANJ District- GAYA ====================================================== Pramod Chaudhary, son of Rambrich Chaudhary, Resident of villageJamura Tola Nokadih, P.S. Raushanganj, Dist.-Gaya .... .... Petitioner

Versus

1. State of Bihar

2. Munni Devi W/o Pramod Choudhary, daughter of Chamari Choudhary, Resident of village- Jamura Tola Nokadih, P.S. Raushanganj, Dist.-Gaya, at present resident of village Bahmandih, P.S. Imamganj, Dist.- Gaya .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Javed Jafar Khan For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest for the offence instituted under Sections 498(A), 323, 379, 494/34 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.

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. The case

Patna High Court Cr.Misc. No.10332 of 2017 (7) dt.12-10-2017 2/2 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, 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 Raushanganj P.S. Case No.21/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sherghati, Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T