Mankeshwar Sahni @ Akalu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49488 of 2017 Arising Out of PS. Case No.-8 Year-2017 Thana- MAHILA PS District- East Champaran ====================================================== Mankeshwar Sahni @ Akalu Sahni S/o Hiraman Sahani, R/o VillageDamobriti, P.S.- Harsidhi, District- East Champaran, Motihari. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Sunita Devi D/o Raj Mandal Sahni, village Badaharwa, P.S. Dumariyaghat, Dist. East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ambuj Kumar Chandra, Advocate For the State :

Mr. Yogendra Kumar, APP For opposite Party No.2 :

Mt. Shakti Suman Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-01-2018 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 Sections 341, 342, 506, 323, 504, 379, 498A and 494/34 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 case is triable by the Magistrate. The

Patna High Court Cr.Misc. No.49488 of 2017(4) dt.05-01-2018 2/2 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 learned Chief Judicial Magistrate, Motihari in connection with Mahila (Motihari) P.S. case No.08 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