Patna High CourtCR. MISC./3039/2018bail granted

Sanjeev Prasad Sahu v. State Of Bihar And ANR

2018-01-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3039 of 2018 Arising Out of PS. Case No.-4 Year-2017 Thana- BIRAUL District- Darbhanga ====================================================== Sanjeev Prasad Sahu, son of Ram Prasad Sahu, resident of Village- Navtolia, Police Station- Biraul, District- Darbhanga.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Ram Shila Devi, Daughter of Krishnadeo Sahu, resident of Village- Molloul, Brahampatti, P.S.- Bahera, District- Darbhanga. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Jha For the Opposite Party/s :

Mr. RAJBALLABH SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-01-2018 Counsel for the petitioner is permitted to make necessary correction in paragraph 1 of the petition in course of the day. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 498A, 379, 504, 506/34 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 there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by

Patna High Court Cr.Misc. No.3039 of 2018(2) dt.17-01-2018 2/2 the Magistrate. The informant is in habit of instituting similar cases against the petitioner and other family members. 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 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 learned A.C.J.M., Biraul (Benipur), District Darbhanga in connection with Biraul P.S. case No.04 of 2017 corresponding to G.R. No.14 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