Santosh Kumar @ Santosh Kumar Chaubey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38399 of 2018 Arising Out of PS. Case No.-150 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Santosh Kumar @ Santosh Kumar Chaubey S/o Chandeshwar Chaubey resident of Village - Jhitkahiyan, P.O. - Sahila Balli, P.S. - Hathauri, District - Muzaffarpur.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Julee Devi Wife of Santosh Kumar Chaubey resident of Village - Jhitkahiyan, P.O. - Sahila Balli, P.S. - Hathauri, District - Muzaffarpur at present residing D/o Kaushal Kishore Singh, resident of Village - Ruphari, P.O. - Kapoor Pakari, P.S. - Shikarganj, District - East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shyameshwar Kumar Singh For the Opposite Party/s :

Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-07-2018 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 section 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

Patna High Court Cr.Misc. No.38399 of 2018(2) dt.05-07-2018 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 learned A.C.J.M. Sikrahna, Dhaka, East Champaran in connection with Complaint Case No. 150(C)/2017 (Trial No. 1875 of 2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T