Patna High CourtCR. MISC./49197/2017bail granted

Subedar Rai v. State Of Bihar And ANR

2017-10-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49197 of 2017 Arising Out of PS. Case No.-1794 Year-2007 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Subedar Rai S/o Late Haruni Rai, resident of vilalge Chhaurahi, P.S. Goraul (Kathara O.P.), Distt. Vaishali ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Krishna Devi w/o Vinod Rai, D/o Ram Sajan Rai, resident of vilalge Sultanpur, Chakharihar, P.S. Patepur, Dist. Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

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 case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case

Patna High Court Cr.Misc. No.49197 of 2017(2) dt.12-10-2017 2/2 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.

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 Sri Niraj Kumar, A.C.J.M.- cum-Sub Judge, Vaishali at Hajipur in connection with Complaint case No.1794 of 2007 vide Trial No.974 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