Sanoj Kumar Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61418 of 2017 Arising Out of PS.Case No. -819 Year- 2015 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ====================================================== Sanoj Kumar Pandey S/o Late Kameshwar Pandey, R/o Village- Shropur P.S.- Jagdishpur , District- Bhojpur (Arrah), At present Maherinagar, 492/(Ga) Khatikateli Bag, P.S.- Dilkusa Lakhnow (U.P.). .... .... Petitioner

Versus

1. The State of Bihar.

2. Puja Devi W/o Sanoj Kumar Pandey, R/o Village- Maharibag 492/97 (Ga) Khatika Teli Bag, Dilkhusa Laknow (U.P.) at present D/o Mohan Mishra, Gajadharganj Mahatma Gandhi Nagar, Buxar, P.S.- Buxar (T) , District- Buxar.

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

For the Petitioner : Mr. Anil Kumar Roy, Advocate. For the State : Mr. Harendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2017 Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned A.P.P. for the State.

The petitioner is languishing in custody since 08.11.2017 in a case for the offence registered under Sections 498(A) of the IPC and 4of the D.P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the

Patna High Court Cr.Misc. No.61418 of 2017 (2) dt.15-12-2017 2/2 petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the 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 further 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 learned counsels for the State and opposite party no.2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Buxar, in connection with Complaint Case No. 819 (C) of 2015. U.K./- (Sudhir Singh, J) U T