Patna High CourtCR. MISC./6833/2017allowed

Dina Gope v. The State Of Bihar

2017-02-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6833 of 2017 Arising Out of PS.Case No. -74 Year- 2016 Thana -MAHILA P.S. District- PATNA ====================================================== Dina Gope, son of Late Bulkan Yadav, resident of Moh.- Gariwan Tola, P.S. Malsalami, District- Patna .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Bansh Dubey For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Mahila P.S. Case No. 74 of 2016 for the offences instituted under Sections 498A, 323, 379, 506 and 34 of the Indian Penal Code.

The allegation against the accused persons including the petitioner is of subjecting mental and physical cruelty upon the informant for demand of dowry and lastly ousted her from her matrimonial home.

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. The

Patna High Court Cr.Misc. No.6833 of 2017 (2) dt.13-02-2017 2/2 informant does not want to live with the petitioner, which is evident from perusal of the order of the Sessions Court. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Mahila P.S. Case No. 74 of 2016 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., Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T