Upendra Sao v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40463 of 2017 Arising Out of PS.Case No. -761 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Upendra Sao, Son of Bishu Sao, Resident of Village- Umerabad, Police Station- Arwal, District- Arwal, At present residing at Jakkanpur, Ram Lakhan Flat, P.S.- Jakkanpur, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar.

2. Sanita Devi, Wife of Upendra Sao, Daughter of Sri Shyam Narain Sao, Resident of Village- Lai (Machhalpur), P.O.- Lai, P.S.- Bihta, DistrictPatna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Anil Kumar Choudhary, Advocate. For the State : Mr. Jitendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 761(C) of 2016 for the offences instituted under Section 498(A) of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the complainant due to non-fulfillment of demand of dowry.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the

Patna High Court Cr.Misc. No.40463 of 2017 (2) dt.25-08-2017 2/2 petitioner. He has falsely been implicated in the present case due to 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. It has been submitted by learned counsel for the State that the petitioner is named in the complaint case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 761 (C) of 2016 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Danapur, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T