Ranjan Upadhya v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61496 of 2017 Arising Out of PS. Case No.-170 Year-2017 Thana- SASARAM NAGAR District- Rohtas ====================================================== Ranjan Upadhya S/o Sri Chandra Mohan Upadhaya, resident of village Badiha, P.S.Shivsagar, Distt. Rohtash, at present resident of Mohalla Civil Lines ward No.1, P.S. Sasaram Model, Distt. Rohtash ... ... Petitioner/s

Versus

1. State Of Bihar

2. Juhi Devi w/o Ranjan Upadhaya, resident of Mohalla Mahavir Sthan, P.S. Sasaram Town, Distt. Rohtash ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Sharma For the Opposite Party/s :

Mr. ABHAY KUMAR - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2017 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/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

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 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

Patna High Court Cr.Misc. No.61496 of 2017(2) dt.15-12-2017 2/2 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 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 Chief Judicial Magistrate, Rohtash, Sasaram in connection with Sasaram (Town) Model P.S. case No.170 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T