Birendra Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34101 of 2017 Arising Out of PS.Case No. -122 Year- 2015 Thana -SAHAR District- BHOJPUR ====================================================== Birendra Pandey, son of Late Sharda Nand Pandey, resident of VillageUdhura, Police Station- Brahmpur, District- Buxar, at present House No.5425 Sector-II, Police Station- Talkatora, Raja Jeepuram, DistrictLucknow (Uttar Pradesh). .... .... Petitioner

Versus

1. The State of Bihar.

2. Ranju Pandey, wife of Birendra Pandey, daughter of Chandrama Rai, resident of Village- Perhap, Police Station- Sahar, District- Bhojpur. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Anil Kumar, Advocate. For the State : Mr. Bharat Bhushan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Sahar P.S. Case No. 122/2015 for the offences instituted under Section 498(A) of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the informant due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the

Patna High Court Cr.Misc. No.34101 of 2017 (2) dt.20-07-2017 2/2 petitioner. The case is triable by the Magistrate. The present case has been instituted due to petty family dispute. The petitioner has further 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 learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on 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 Sahar P.S. Case No. 122/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-X, Ara, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T