Patna High CourtCR. MISC./45744/2017bail granted

Raj Kumar Sah v. State Of Bihar And ANR

2017-09-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45744 of 2017 Arising Out of PS.Case No. -212 Year- 2016 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ====================================================== Raj Kumar Sah Son of Late Ram Sundar Sah, R/o Village- Pabra, Tola Dhatha, P.S.- Rosera, District- Samastipur.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Smt. Chanda Devi D/o Ram Lakhan Sah, W/o Shri Santosh Sah, R/o Village- Maghaul, P.S.- Khodawanpur, District- Begusarai. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Pramod Kumar Singh, Advocate. For the State : Mr. Akshay Lal Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 212/2016 for the offences instituted under Sections 498(A) and 323 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the informant due to nonfulfillment 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.45744 of 2017 (2) dt.19-09-2017 2/2 petitioner. He has falsely been implicated in the present case due to petty family dispute. The petitioner is the father-in-law of the informant. He is separate in mess and property from the husband of the informant. 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. 212 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.-1, Rosera, Samastipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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