Binesh Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41906 of 2018 Arising Out of PS.Case No. -631 Year- 2014 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Binesh Sharma S/o Late Mohan Lal Sharma resident of Village- Isarwa P.S. Mahalgon (Jokihat), District- Araria .... .... Petitioner

Versus

1. The State of Bihar.

2. Bebi Devi W/o Binesh Sharma D/o Pirthi Sharma, resident of Jokihat, P.S. Jokihat, District- Araria.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Anil Prasad Singh For the Opposite Party : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code.

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

Patna High Court Cr.Misc. No.41906 of 2018 (2) dt.18-07-2018 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 Sub Divisional Judicial Magistrate, Araria in connection with Complaint Case No. 631C of 2014 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T