Guddu Paswan @ Guddu Kumar Akela v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9500 of 2018 Arising Out of PS. Case No.-111 Year-2017 Thana- KOTWA District- East Champaran ====================================================== Guddu Paswan @ Guddu Kumar Akela, Son of Bhikhari Paswan, resident of Village- Chiutanha, P.S.- Kotwa, District- East Champaran. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Soni Devi, Daughter of Rajendra Paswan, Resident of Village- Mahugawa Imiliya Tola, P.S.- Muffasil, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma, Mr. Abhishek Kumar For the Opposite Party/s :

Mr. UMESH LAL VERMA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498A, 341, 323, 379, 34 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.

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 victim is in habit of instituting case against the petitioner and his family members for similar offence. The case is triable by the

Patna High Court Cr.Misc. No.9500 of 2018(2) dt.20-02-2018 2/2 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, 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 Chief Judicial Magistrate, Motihari, East Champaran in connection with Kotwa P.S. Case No. 111 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T