Surendra Mahto v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47467 of 2017 Arising Out of PS.Case No. -1081 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Surendra Mahto son of Late Jaga Mahto, resident of Mohalla- Pathari Ghat, BNR, College, Tripolia, P.S. Alamganj, District- Patna. .... .... Petitioner
Versus
1. The State of Bihar.
2. Chandra Kanta Kumari D/o Late Sanjay Singh @ Sarpanch Singh, W/o Surendra Mahto, resident of Village- Sabbalpur Gulmahia Chak, P.S. Didarganj, District- Patna.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Narendra Kumar, Advocate. For the State : Smt Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Section 498(A) of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim 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 petitioner. The petitioner has falsely been implicated in the present
Patna High Court Cr.Misc. No.47467 of 2017 (2) dt.12-10-2017 2/2 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.
On behalf of the learned counsels for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.
Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned S.D.J.M., Patna City, Patna, in connection with Complaint Case No. 1081/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T