Bihari Kumar Manjhi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20237 of 2017 Arising Out of PS. Case No.-3004 Year-2015 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Bihari Kumar Manjhi, Son of Late Gyani Manjhi, Resident of VillageLohara, Police Station- Chapra Muffasil, District- Saran. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Mamta Devi, Wife of Bihari Kumar Manjhi, D/o- Chulhai Manjhi, Presently residing at Village- Moujam Pur, Police Station- Avtarnagar, District- Saran at Chapra.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Satya Prakash, Advocate For the State :

Smt Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-01-2018 None appears on behalf of the opposite party No.2. 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 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 petty family dispute. The case is triable by the Magistrate. The

Patna High Court Cr.Misc. No.20237 of 2017(5) dt.04-01-2018 2/2 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 Additional Chief Judicial Magistrate IV, Saran at Chapra in connection with Saran Complaint case No.3004 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T