Sanjay Goshwami @ Sanjay Kumar @ Sanjay Kumar Goshwami @ Sanjay Goswami v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49620 of 2017 Arising Out of PS. Case No.-977 Year-2016 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Sanjay Goshwami @ Sanjay Kumar @ Sanjay Kumar Goshwami @ Sanjay Goswami, son of Ramswaroop Goshwami, Resident of Village- Rajapur Indoul, P.S. Akbarpur, District Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Meera Kusum, wife of Sanjya Goshwami, D/o Late Shantanu Goshwami, Resident of Village- Chakand Bazar, P.S. Gandauti, District Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s :

Mr. SRI SATYAVARAT VERMA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2017 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 498A, 323 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. It has been submitted on behalf of the petitioner that 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 petitioner has relied upon the judgment of

Patna High Court Cr.Misc. No.49620 of 2017(2) dt.17-10-2017 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 State and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the complaint case.

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 Sub Divisional Judicial Magistrate, Gaya in connection with Complaint case No.977 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T