Niranjan Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60104 of 2017 Arising Out of PS.Case No. -314 Year- 2015 Thana -BUXAR MUFFSIL District- BUXAR ======================================================

1. Niranjan Sah Son of Kapil Deo Sah Permanent Resident of Chhitaj Dumri, Police Station- Raghunathpur District- Siwan, Present resident of Rajendra Vidyapeeth, New Bogai Gaon, Police Station- New Bogai Gogai Gaon, District- Bogai Gaon(Assam).

.... .... Petitioner

Versus

1. The State of Bihar.

2. Sarita Devi Dauhter of Mahanth Prasad, Wife of Niranjan Sah Resident of Barka Gaon Mansing Patti, Police- Buxar(Industrial), District- Buxar, Presently residing at Railway Colony, Smailpur, Police Station- Buxar(M), District- Buxar .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Parijat Saurav For the Opposite Party/s : Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-12-2017 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of the O.P. No.2.

The petitioner is apprehending his arrest in a case instituted under Sections 498A, 323/34 of the Indian Penal Code and 3/4 of D.P. Act.

The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the 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

Patna High Court Cr.Misc. No.60104 of 2017 (2) dt.11-12-2017 2/2 tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State and counsel for the O.P. No.2, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Buxar Muffasil P.S. Case No. 314/2015 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Buxar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T