Ramagya Sah @ Ram Agya Gupta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44101 of 2017 Arising Out of PS.Case No. -5265 Year- 2016 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ====================================================== Ramagya Sah @ Ram Agya Gupta son of Dhrup Sah Resident of Village - Amtha Khem, Police Station - Mirganj, District - Gopalganj. .... .... Petitioner

Versus

1. The State of Bihar.

2. Rita Devi wife of Ramagya Sah alias Ram Agya Gupta Resident of Village - Amtha Khem, Police Station - Mirganj, District - Gopalganj at present daughter of Late Ramji Sah, Resident of village - Nautan Bazar, Baniya Toli, Police Station - Nautan, District - Siwan. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Lokesh Kumar Singh, Advocate. For the State : Mr. Md. Fahimuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 5265 of 2016, Trial No. 3366 of 2017 for the offences instituted under Sections 498(A), 406 of the IPC and 4 of the D. P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the complainant due to non-fulfillment of demand of dowry.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There

Patna High Court Cr.Misc. No.44101 of 2017 (2) dt.15-09-2017 2/2 is no allegation of tampering with the witnesses alleged against the petitioner. He has falsely been implicated in the present case due to petty family dispute. 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. It has been submitted by learned counsel for the State that the petitioner is named in the complainant. 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 Complaint Case No. 5265 of 2016, Trial No. 3366 of 2017 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Gopalganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T