Ragho Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19730 of 2017 Arising Out of PS.Case No. -475 Year- 2016 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ragho Sahani, S/O Ram Ishwar Sahani, R/V- Bahuari, P.O. andP.S. Lakhaura (Muffasil), District-East Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. Sushila Devi, W/O Ragho Sahnai, R/V-Bahuari, P.S. Lakhaura, DistrictEast Champaran. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anwar Karim, Advocate. For the Opposite Party : Mr. Kumar Ranjit Ranjan, A.P.P. For the O.P. No. 2 : M/S. Arbind Kumar Sharma and Abhishek Kumar, Advocates.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A), 323, 504 of the IPC and 3⁄4 of 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. Vide order dated 24.08.2017, the matter was referred

Patna High Court Cr.Misc. No.19730 of 2017 (5) dt.12-12-2017 2/3 to the Mediation and Reconciliation Centre of the Patna High Court. As per the report of the Mediation, mediation has failed. It has been submitted by learned counsel for the 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, 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 bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. East Champaran at Motihari, in connection with Muffasil (Lakhaura) P.S. Case No. 475 of 2016, subject to the conditions as laid down under Section

Patna High Court Cr.Misc. No.19730 of 2017 (5) dt.12-12-2017 3/3 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T