Sandip Ram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5499 of 2018 Arising Out of PS.Case No. -131 Year- 2017 Thana -HARSIDHI District- EAST CHAMPARAN (MOTIHARI) ====================================================== Sandip Ram, son of Harilal Ram, Resident of Village- Kritpur, P.S.- Harsidhi, District- East Champaran.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Punam Devi, daughter of Sudama Ram, resident of Village- Chota Bariyarpur, P.S.- Chhatauni, District- East Champaran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Harsidhi P.S. Case No. 131 of 2017 registered under Sections 498A, 371, 307 and 504 read with 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that due to matrimonial discord and incompatibility,

Patna High Court Cr.Misc. No.5499 of 2018 (2) dt.02-02-2018 the instant first information report has been instituted on the basis of a complaint, which was referred under Section 156(3) of the Code of Criminal Procedure for investigation. It is further contended that even if the allegations made in the complaint are believed to be true, the ingredients of the offence punishable under Section 307 of the Indian Penal Code would not be attracted.

On the other hand, learned counsel for the complainant opposed the application for grant of pre-arrest bail to the petitioner. He submitted that there is allegation in the complaint that the petitioner subjected the victim to cruelty for non-fulfilment of demand of dowry and even attempted to press her neck.

Regard being had to the nature of allegation and submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Harsidhi P.S. Case No. 131 of 2017 subject to the conditions as

Patna High Court Cr.Misc. No.5499 of 2018 (2) dt.02-02-2018 laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T