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Patna High CourtCR. MISC./27935/2018bail granted

Rajesh Choudhary @ Rajesh Kumar Choudhary v. State Of Bihar And ANR

2018-05-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27935 of 2018 Arising Out of PS. Case No.-336 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Rajesh Choudhary @ Rajesh Kumar Choudhary S/o Late Ram Baran Choudhary, R/o Vill.- Karimnagar, P.S.- Mohiuddin Nagar, DistrictSamastipur. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Vandana Devi W/o Rajesh Kumar Choudhary, aged about 32 Years, R/o Karimnagar, P.S.- Mohiuddin Nagar, District- Samastipur, At Present in the House of Late Gyani Lal Choudhary, Mohalla- Saidpur Gandhi School Road, P.O.- Khagaul, P.S.- Khagaul, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoranjan Kumar For the Opposite Party/s :

Mr. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case in which cognizance has been taken under sections 498A and 494 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

Patna High Court Cr.Misc. No.27935 of 2018(2) dt.07-05-2018 2/2 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 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 Sri Sandeep Kumar, J.M. 1st Class, Danapur, Patna in connection with Complaint Case No. 336(c)/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T