Patna High CourtCR. MISC./27186/2017bail granted

Ramanuj Tiwary v. State Of Bihar And ANR

2017-07-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27186 of 2017 Arising Out of PS.Case No. -392 Year- 2012 Thana -BHOJPUR COMPLAINT CASE DistrictBHOJPUR ====================================================== Ramanuj Tiwary Son of Late Ramesh Tiwary, Resident of Village+P.O.- (Hathini) Baraon, P.S.- Nokha, District- Rohtas at Sasaram, Presently Residingat Neura, P.S.- Bihta, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar .

2. Laxmi Devi, Wife of Ramanuj Tiwary, D/o Nepal Upadhyay, R/o Village- Babhangawan, P.O.- Gundi, P.S.- Krishnagarh Saraiya, DistrictBhojpur(Ara). .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Ravi Shankar For the Opposite Party/s : Mr. S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Complaint Case No.392(C) of 2012/Tr. No.3695 of 2012 for the offences instituted under Sections 498A, 379 of the Indian Penal Code and 3/4 of D.P. Act.

The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.27186 of 2017 (3) dt.20-07-2017 2/2 petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

It has further been submitted on behalf of the parties that they are agreed to stay together. If the complainant goes to the house of the petitioner, the petitioner shall keep his wife with all respect and dignity.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No.392(C) of 2012/Tr. No.3695 of 2012 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bhojpur at Ara, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Amit/- U T