Harendra Choudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42502 of 2017 Arising Out of PS.Case No. -1475 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Harendra Choudhary, Son of Late Bangali Choudhary, Resident of Village- Chandhos, P.S.- Sigori, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar.

2. Sarita Devi, Wife of Harendra Choudhary, daughter of Shambhu Choudhary, Resident of Village- Chandhos, P.S.- Sigori, District- Patna. at present residing at Village Udaypur, P.S.- Paliganj, District- Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Shakti Suman Kumar For the Opposite Party/s : Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Complaint Case No.1475(C)/2015, for the offence instituted under Section498A of the Indian Penal Code.

The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. There is no allegation of tampering

Patna High Court Cr.Misc. No.42502 of 2017 (2) dt.15-09-2017 2/2 of witnesses alleged against the petitioner. The case is triable by the Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it has been submitted that the petitioner is named in the Complaint Case.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No.1475(C)/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Ms. Nutan Kumari, J.M.1st Class, Danapur, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T