Patna High CourtCR. MISC./25859/2017bail granted

Sanjay Chaudhary v. State Of Bihar And ANR

2017-10-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25859 of 2017 Arising Out of PS.Case No. -159 Year- 2016 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ======================================================

1. Sanjay Chaudhary Son of Chamo Chaudhary, resident of VillageChandradeo Singh Tola (Nauagarhi), P.S. Muffassil, District- Munger. .... .... Petitioner

Versus

1. The State of Bihar.

2. Anjali Devi Daughter of Police Chaudhary resident of VillageMatiharwa Balha Bazar P.S. Mansi, District Khagaria. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Rajeev Nayan ====================================================== 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 Section 498(A) 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.

Vide order dated 12.07.2017 notice was issued upon the Opposite Party No.2 but none has appeared on her behalf. 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

Patna High Court Cr.Misc. No.25859 of 2017 (4) dt.12-10-2017 2/2 petitioner has falsely been implicated in the present case. The case 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 Complaint Case No.159C of 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., Khagaria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T