Saroj Kumar Chaudhary @ Saroj Sahni v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10039 of 2018 Arising Out of PS. Case No.-80 Year-2016 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Saroj Kumar Chaudhary @ Saroj Sahni son of late Rajendra Choudhary, resident of village Kajichak Dharampur, P.S. Samastipur (Muffasil), District Samastipur ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Savita Kumari wife of Saroj Kumar chaudhary, D/o Ram Krishna Sahni, Mohalla Kajichak Dharampur, P.S. Samastipur (Muffasil), District Samastipur, at present resident of Naiher village Nisfee, P.S. Tajpur, District Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar For the Opposite Party/s :

Mr. SATYAVARAT 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 Section 498A/34 of the Indian Penal Code and 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 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

Patna High Court Cr.Misc. No.10039 of 2018(2) dt.20-02-2018 2/2 petty family dispute. The case is triable by the 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.

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, Samastipur in connection with Complaint case No.80 of 2016 (T.R. No.2984 of 2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T