Dina Nath Roy @ Dinanath Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36134 of 2020 Arising Out of PS. Case No.-558 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== DINA NATH ROY @ DINANATH PRASAD YADAV SON OF SHIVNATH PRATAP YADAV Resident of Village- Mataha, P.S.- Barginiya, DistrictSitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

ASHA DEVI S/o Dinanath Prasad Yadav @ Dina Nath Roy R/o villageChelahan Tola Pahariya, P.S.- Banjariya, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjana Srivastava For the Opposite Party/s :

Mr. N. N. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-03-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 498A, 406, 307, 506/34 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. There is no injury report on record to support the allegation

Patna High Court CR. MISC. No.36134 of 2020(2) dt.26-03-2021 2/2 for the offence under Section 307 of the Indian Penal Code. Hence no offence under Section 307 of the Indian Penal Code is made out. Rest of the offences are triable by Magistrate. The petitioner is husband of the victim. The petitioner undertakes that he will cooperate during trial. 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 of the case, let the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, East Champaran, Motihari in connection with Complaint Case No. C-558 of 2019 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