Sirju Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46830 of 2017 Arising Out of PS.Case No. -576 Year- 2016 Thana -COMPLAINT CASE District- KISANGANJ ====================================================== Sirju Paswan, S/o Arjun Paswan, resident of village- Nemoguri, P.S. Galgalia, District- Kishanganj.

.... .... Petitioner

Versus

1. State of Bihar

2. Sunita Devi, W/o Sirju Paswan, at present residing Mohalla Majhiya Road Dharamganj P.S., District- Kishanganj.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ram Prawesh Kumar, Advocate. For the State : Mr. Jagdhar Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2017 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 case due to petty family dispute. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of

Patna High Court Cr.Misc. No.46830 of 2017 (2) dt.21-09-2017 2/2 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 and opposite party no. 2, 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 Sub Divisional Judicial Magistrate, Kishanganj, in connection with Complaint Case No. 576 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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