Sanjay Kumar Rai @ Sanjay Rau v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43303 of 2017 Arising Out of PS.Case No. -2493 Year- 2011 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Sanjay Kumar Rai @ Sanjay Rau, son of Kishun Rai, Resident of VillageHarpur Karah, P.S.- Baniyarpur, District- Saran. .... .... Petitioner
Versus
1. The State of Bihar.
2. Bhola Rai, Son of Late Balchand Rai, R/o Village- Bangali Patti, Near Dhobaval Bazar, P.S.- Baniyapurm, District- Saran. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Ashok Kumar, Advocate. For the State : Mr. Pramod Kumar Pandey, 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. 2493 of 2011, Tr. No. 526 of 2017 for the offences instituted under Sections 498(A), 323, 379 and 506/3 4 of the IPC.
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.43303 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 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. 2493 of 2011, Tr. No. 526 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 12th A.C.J.M., Chapra, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T