Dharmendra Rai v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7568 of 2018 Arising Out of PS.Case No. -521 Year- 2012 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ====================================================== Dharmendra Rai, Son of Anil Rai, Resident of Village- Barthuwan, P.S.- Aurai, District- Muzaffarpur.
.... .... Petitioner
Versus
1. The State Of Bihar.
2. Prabhawati Devi, W/o Dharmendra Rai, Resident of VillageBharthuwan, P.S. Aurai, District- Muzaffarpur, (At present residing at Village- Chauri Tole, Bahadurpur, P.S.- Daudnagar, DistrictAurangabad (Bihar). .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Punam Shrivastava, Advocate. For the State : Mr. Nityanand, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-02-2018 Learned counsel for the petitioner is permitted to make necessary correction in paragraph no. 3 of the bail application, in course of the day.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Section 498(A) of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the
Patna High Court Cr.Misc. No.7568 of 2018 (2) dt.07-02-2018 2/2 petitioner that the petitioner has falsely been implicated in the present case due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the petitioner. The case is triable by the Magistrate. 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/ complaint case.
Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned S.D.J.M. Daudnagar (Aurangabad), in connection with Complaint Case No. 521 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T