Patna High CourtCR. MISC./3473/2018bail granted

Manoj Rai And ANR v. State Of Bihar And ANR

2018-01-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3473 of 2018 Arising Out of PS. Case No.-1238 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ======================================================

1. Manoj Rai, Son of Late Dipnarayan Rai,

2. Sugandhi Devi, Wife of Manoj Rai, Residents of VillageBherkhiya, P.S.- Pipra, District- East Champaran. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Krishna Devi, daughter of Hari Rai, Resident of Village- Gokhula Tola Tarkulwa, P.S.- Banjariya, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. DILIP KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-01-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 498A, 494, 504/34 of the Indian Penal Code.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. The case is triable by

Patna High Court Cr.Misc. No.3473 of 2018(2) dt.17-01-2018 2/2 the Magistrate. The petitioner No.1 is the husband of the Complainant and petitioner No.2 is the second wife of petitioner No.1. The petitioners have 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 petitioners are named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioners, 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) each with two sureties of the like amount each to the satisfaction of Shri S.M. Tripathi, learned Judicial Magistrate, East Champaran at Motihari in connection with Complaint case No.1238 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T