Sanoj Kumar Shrivastav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8796 of 2018 Arising Out of PS. Case No.-709 Year-2015 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Sanoj Kumar Shrivastav, Son of Late Srinath Prasad, resident of VillageSipah, P.O.+ P.S.- Basantpur, District- Siwan. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Anuradha, wife of Sanoj Kumar Shrivastav, Daughter of Jagdanand Prasad, resident of Village- Sipah, P.O.+ P.S.- Basantpur, District- Siwan. Present Address- Mohalla Subhashnagar, Road No. 3, Bibiganj, P.S.- Sadar, DistrictMuzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar For the Opposite Party/s :

Mr. ATAUR RAHMAN ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The informant is in the habit of instituting a case for similar offence.

Patna High Court Cr.Misc. No.8796 of 2018(2) dt.19-02-2018 2/2 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 S.D.J.M., Muzaffarpur in connection with Complaint Case No. 709 of 2015 (Trial No. 2410 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