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Patna High CourtCR. MISC./40470/2017bail granted

Sharad Raj v. State Of Bihar And ANR

2017-08-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40470 of 2017 Arising Out of PS.Case No. -690 Year- 2017 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Sharad Raj, aged about 33 years, son of Rajkumar Agrawal, presently residing at ER- 37, Lakshmi Shanti Niwas, First Floor, C/o Badrinath Bali, In front of Dr. Sindhu Park, Mohalla & P.S.- Indrapuri, South West Delhi, Pin- 110012, Permanent resident of Main Road Chatra, In front of Chatra Store, P.S. & District- Chatra (Jharkhand) Pin- 825401. .... .... Petitioner

Versus

1. The State of Bihar.

2. Nancy Agrawal, W/o Sharad Raj, R/o Flat No- 403/A Sheela Palace, Off Boring Patliputra Road, North Krishnapuri, P.S.- Krishnapuri, DisttPatna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Rakesh Kumar, Advocate. For the State : Mr. Ashok Kumar Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-08-2017 Heard learned counsels for the petitioner, complainant and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 690/2017 for the offences instituted under Sections 406 and 498(A) 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.40470 of 2017 (2) dt.25-08-2017 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 counsels for the State and the complainant that the petitioner is named in the complaint case.

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. 690/2017 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., Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T