Manoj Chauhan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29364 of 2017 Arising Out of PS. Case No.-81 Year-2015 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Manoj Chauhan Son of Ram Kishun Chauhan resident of village - Sahpur Jhiloriya, P.S. Akbarpur, District Nawada.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Pushpa Devi W/o Manoj Chauhan, D/o Binod Chauhan resident of village - Tarauni, P.S.- Hasua, District - Nawada.

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2017 No one 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 Sections 498A and 323 of the Indian Penal Code.

The matter was referred to the Mediation Centre, Nawada by order dated 29.08.2017. It has been reported by the Mediator that the mediation has failed.

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

Patna High Court Cr.Misc. No.29364 of 2017(6) dt.23-11-2017 2/2 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 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 Sri N.K. Singh, learned Judicial Magistrate, 1st class, Nawada in connection with Complaint case No.81 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