Manish Raj Chaubey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22003 of 2018 Arising Out of PS. Case No.-47 Year-2017 Thana- MAHILA P.S. District- Saran ====================================================== Manish Raj Chaubey Son of Madan Kumar Chaubey Resident of Village: Mathiya Sri Ram P.S. Tariya Sujan, District- Kushi Nagar, at Present residing at Bidhan Nagar, R.A. 87 Tito Street Durgapur,-12, P.S. New Township, District: West Bengal.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Shobha Devi wife of Manish Raj Chaubey, Daughter of Raj Kishore Pandey At Present Resident of Village:Ekma Bhat Toli, P.S. Ekma, District- Saran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Akhileshwar Pandey, Adv.

For the State :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-04-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 379, 504, 506, 498A/34 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

Patna High Court Cr.Misc. No.22003 of 2018(2) dt.13-04-2018 2/2 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 and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the 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 S.D.J.M., Saran at Chapra in connection with Saran Mahila P.S. case No.47 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