Manoj Gond @ Manoj Kumar Gond v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33753 of 2017 Arising Out of PS.Case No. -1010 Year- 2015 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ======================================================

1. Manoj Gond @ Manoj Kumar Gond Son of Bacha Muni Gond, R/o Village- Gaighat, P.S.- Simari, District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Laxmina Devi W/o Manoj Gond, D/o Akshyalal Gond, R/o VillageGaighat Parari, P.S.- Simari, District- Buxar, at present R/o Naya Bhojpur, P.S.- Dumroan, District- Buxar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ritesh Kumar Narain Singh, Advocate For the State : Mr. Damodar Prasad Tiwary, APP For the Complainant : Mr. Virendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant. The petitioner is apprehending his arrest in a case registered under Section 498(A) of the Indian Penal Code and 4 of the Dowry Prohibition Act.

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 present case due to

Patna High Court Cr.Misc. No.33753 of 2017 (2) dt.20-07-2017 2/2 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. On behalf of the State and learned counsel for the complainant, it is submitted that the petitioner is named in the complaint case.

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 learned S.D.J.M., Buxar in connection with Complaint case No.1010C of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T