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Patna High CourtCR. MISC./17110/2018bail granted

Gopal Krishna Chaurasiya @ Gopal Krishna Chaurasia v. The State Of Bihar

2018-03-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17110 of 2018 Arising Out of PS. Case No.-876 Year-2017 Thana- KHAGARIA District- Khagaria ====================================================== Gopal Krishna Chaurasiya @ Gopal Krishna Chaurasia, Son of Late Banarsi Prasad Chaurasia, Resident of Village- Mathurapur Navtoliya, Police Station Khagaria, District- Khagaria.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Viveka NandSingh For the Opposite Party/s :

SMT. VEENA KUMARI JAISWAL ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-03-2018 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, 504, 354B, 498A, 506, 34 of the Indian Penal Code and section 3 of Prevention of Damage to Public Property Act.

Allegation against the petitioner is of committing torture and abuse 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 victim is in the habit of instituting cases for similar offences. The petitioner has falsely been implicated in

Patna High Court Cr.Misc. No.17110 of 2018(2) dt.27-03-2018 2/2 the present case due to petty family dispute. The case is triable by the Magistrate. 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 Complaint Case/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 Chief Judicial Magistrate, Khagaria in connection with Khagaria P.S. Case No. 876 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T