Om Krishna v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43247 of 2017 Arising Out of PS. Case No.-265 Year-2017 Thana- HAJIPUR District- Vaishali ====================================================== Om Krishna, Son of Bhagwan Prasad Sah @ Bhagwan Prasad Gupta, Resident of Village- Adarsh Colony, Pokhra, Police Station- Town Hajipur, District- Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Bebi Krishana, W/o Om Krishna, D/o Dinesh Sah, Resident of VillagePokhra, Police Station- Town Hajipur, District- Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Rajpati, Advocate For the State :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2 The petitioner is apprehending his arrest in a case registered under Sections 498A and 307 of the Indian Penal Code.

Allegation against the petitioner is of committing torture and assault 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.43247 of 2017(2) dt.18-09-2017 2/2 petty family dispute. 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 and learned counsel for the opposite party No.2, 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 Chief Judicial Magistrate, Vaishali in connection with Hajipur Town P.S. case No.265 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