Ritesh Kumar Choubey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23973 of 2017 Arising Out of PS. Case No.-1330 Year-2010 Thana- ROHTAS COMPLAINT CASE District- Rohtas ====================================================== Ritesh Kumar Choubey Son of Late Nagina Choubey, Resident of VillageBhupatpur (Pushauli), P.S.- Mohania, District- Kaimur. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Jagropan Pandey, Son of Late Mani Pandey, Resident of Village- Sikraur, P.S.- Sheo Sagar, District- Rohtas.

3.

Punam Devi, W/o Ritesh Kumar Choubey D/o Jagropan Pandey, Resident of Village- Sikraur, P.s.- Sheo Sagar, District- Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

SMT PUSHPA SINHA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2017 None appears on behalf of the opposite party No.3. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 323 and 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

Patna High Court Cr.Misc. No.23973 of 2017(5) dt.17-10-2017 2/2 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.

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 Sri Manish Kumar Jaiswal, Judicial Magistrate, 1st class, Sasaram, District Rohtas in connection with Complaint case No.1330 of 2010, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T