Mukesh Sah @ Mukesh Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57213 of 2017 Arising Out of PS. Case No.-252 Year-2017 Thana- CHIRAIYA District- East Champaran ====================================================== Mukesh Sah @ Mukesh Prasad S/o Tulshi Sah, R/o Village- Meerpur, P.S.- Chiraiya, District- East Champaran.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Soni Devi W/o Mukesh Sah @ Mukesh Prasad, R/o Village- Meerpur, P.S.- Chiraiya, District- East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma, Adv.

For the State :

Mr. MD. FAHIMUDDIN, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2017 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 498A, 341, 323, 504, 506 of the Indian Penal Code and 3⁄4 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 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.57213 of 2017(2) dt.08-12-2017 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 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 Sub Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Chiraiya P.S. case No.252 of 2017, G.R. case No.1117 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