Bishwanath Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43951 of 2016 Arising Out of PS.Case No. -460 Year- 2013 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bishwanath Sah son of Jugal Sah resident of Village- Atkoni, P.s.- Tariyani District- Sheohar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Seema Devi wife of Bishwanath Sah, Daughter of Juga Sah at present address- Parasha, P.S. Dhaka, District- East Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 24-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Trial No. 2644 of 2015 arising out of Complaint Case No. 460 of 2013 registered under Section 498A of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that earlier a Complaint Case No. 838 of 2011 (Anneuxre2) was also filed against the petitioner and his family members by the complainant, in which all the accused persons have been acquitted. The mother of the complainant has also lodged Dhaka P.S. Case No. 138 of 2010 against Awanish Kumar about

Patna High Court Cr.Misc. No.43951 of 2016 (4) dt.24-03-2017 2/2 kidnapping of her daughter, as detailed in Annexure-3. It appears that the complainant is in habit to file false case. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Sikrahana, (Dhaka), Motihari, East Champaran in connection with Trial No. 2644 of 2015 arising out of Complaint Case No. 460 of 2013, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shailendra/- U T