Mohan Thakur v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18121 of 2018 Arising Out of PS. Case No.-1040 Year-2010 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Mohan Thakur Son of late Gauri Thakur Resident of Village- Tulsipur, P.S. Ghoshi ,District- Jehanabad.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sangita Devi W/o Mohan Thakur, D/o Sri Chandrika Thakur Resident of Village- Tulsipur, P.S. Ghoshi ,District- Jehanabad. at Present Residing at Village- Bhelapur, P.S. Kako (Bhelapur O.P), District- Jehanabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rohit Mishra For the Opposite Party/s :

Mr. HARENDRA PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 323, 504 and 498A/34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of 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 petitioner has falsely been implicated in the

Patna High Court Cr.Misc. No.18121 of 2018(2) dt.29-03-2018 2/2 present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has 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 State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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 Sri Ranjan Kumar, Judicial Magistrate, 1st Class, Jehanabad in connection with Complaint Case No. 1040/2010, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T