Chandan Kamati v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24593 of 2017 Arising Out of PS. Case No.-952 Year-2014 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Chandan Kamati, S/o Ramdeo Kamati, resident of Village- Bhawanipur, P.S.- Kewati, District- Darbhanga.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Bindu Devi, W/o Chandan Kamati, D/o Binod Kamat, resident of VillageBarha, P.S.- Arer, District- Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimal Kumar For the Opposite Party/s :

Mr. AMRENDRA PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-03-2018 None appears on behalf of the opposite party No.2. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 379, 498A, 308, 120B/34 of the Indian Penal Code, but cognizance has been taken under Section 498A of the I.P.C.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment 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

Patna High Court Cr.Misc. No.24593 of 2017(8) dt.05-03-2018 2/2 petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. 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.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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 Sri Ajay Kumar, IInd, J.M. 1st class, Benipatti, District Madhubani in connection with C.R. cse No.952 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T