Raghaw Mishra v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58351 of 2017 Arising Out of PS.Case No. -664 Year- 2017 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Raghaw Mishra, S/o Late Babuna Mishra, Resident of Village- Binod Matihinia, P.S.- Bishambharpur, Dist- Gopalganj. .... .... Petitioner

Versus

1. The State of Bihar.

2. Suman Devi, W/o Ghanshyam Mishra, D/o Prabhunath Mishra, At present residence of Village- Gra Mathiya Daya Ram, P.O.- Netua Jalalpur Vill- Fataha, P.S.- Kuchaikote, Dist- Gopalganj. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sushil Kumar For the Opposite Party/s : Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in a case instituted under Sections 498(A), 307, 323, 504, 379, 120(b) 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 tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.58351 of 2017 (2) dt.08-12-2017 2/2 petitioner has falsely been implicated in the present case. The petitioner is father-in-law of the victim. He is separate in mess and property from the husband of the victim. There is no injury report to support the allegations made in the complaint. 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, it has been submitted that the petitioner is named in the Complaint Case.

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 Complaint Case No.664/2017 (Tr. No. 2051 of 2017) 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.-VII, Gopalganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T