Ajeet Kumar Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11487 of 2018 Arising Out of PS. Case No.-1811 Year-2017 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Ajeet Kumar Pandey Son of Krit Pandey Resident of Village- Pandey Khareya, P.S. Gopalpur, District- Gopalganj, Bihar. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Anita Devi Wife of Ajeet Kumar Pandey, Daughter of Ashok Tiwary Resident of Village:- Pandey Khareya, P.S. Gopalpur, District-n Gopalganj, Bihar. Presently residing at Village- Bhathawa Roop, P.S.- Kuchaikote, DistrictGopalganj, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Indrajeet Bhushan, Advocate For the State :

SMT. ANITA KUMARI, APP For opposite party No.2 :

Mr. Upendra Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-02-2018 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 Section 498A of the Indian Penal Code. Allegation against the petitioner is of committing torture 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 petty family dispute. The process of reconciliation had already

Patna High Court Cr.Misc. No.11487 of 2018(2) dt.26-02-2018 2/2 been taken place before the court of Sessions, but the same has failed. 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 and learned counsel for the opposite party No.2, 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 A.C.J.M. XI, Gopalganj in connection with Tr. No.2069 of 2017 arising out of Complaint case Reg. No.1811 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/- (Sudhir Singh, J) U T