Basant Kumar Giri v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28519 of 2017 Arising Out of PS.Case No. -1059 Year- 2016 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================

1. Basant Kumar Giri Son of Surendra Giri, Resident of Village- Bankat, P.O. Biswania, Police Station- Kuchaikot, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Puja Giri wife of Basant Kumar Giri, Daughter of Dhruvnath Giri, Resident of Village- Jogapur, Police Station- Barharia, District- Siwan. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant. The petitioner is apprehending his arrest in a case registered under Sections 323, 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Allegation is that the accused persons including the petitioner tortured the complainant for demand of Rs.2 lacs and a motorcycle.

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.28519 of 2017 (2) dt.01-07-2017 2/2 petitioner is the husband of the complainant. It is further submitted that the complainant wants to reside with the petitioner in the house of her parents. The petitioner has further relied upon the decision 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 and the counsel for the complainant, 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 learned Sub Divisional Judicial Magistrate, Siwan in connection with Trial No.4075 of 2017 arising out of Complaint Case No.1059 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T