Din Dayal Sah @ Din Dayal Thakur v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.455 of 2018 Arising Out of PS.Case No. -398 Year- 2015 Thana -COMPLAINT CASE District- SUPAUL ======================================================
1. Din Dayal Sah @ Din Dayal Thakur, son of Late Gosai Thakur, resident of Village- Kataiya Mahe, Police Station- Pipra, District- Supaul. .... .... Petitioner
Versus
1. The State of Bihar.
2. Chhotki Devi, wife of Din Dayal Sah @ Din Dayal Thakur, Daughter of Soman Thakur, resident of Basbitti Tola Bhurahi, Police Station & DistrictSupaul. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in a case instituted under Sections341, 323, 494, 504, 498A, 379/34 of the Indian Penal Code and 3/4 of D.P. Act but cognizance has been taken only under Section 498A of the Indian Penal Code. 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.455 of 2018 (2) dt.05-01-2018 2/2 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, 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.398C/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Amit/- U T