Suchindra Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30296 of 2017 Arising Out of PS.Case No. -3593 Year- 2015 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Suchindra Sah, S/o Late Isaranand Sah, R/o Village Jafarpur, P.O. Sarai Baks, P.S.- Bhelali, Distt- Saran.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Radhika Devi, W/o Suchindra Sah, D/o Late Shankar Sah, At present R/o Village- Gosi Chapra, P.O.- Koreyan, P.S.- Bheldi, Dist- Saran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Manish Chandra Gandhi, Advocate For the State : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 3593/2015, Trial No. 2642/2016 for the offences instituted under Sections 498(A), 497, 406, 120(B) and 323 of the IPC. Cognizance has been taken under Sections 498(A) and 323 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the complainant 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

Patna High Court Cr.Misc. No.30296 of 2017 (2) dt.13-07-2017 2/2 tampering with the witnesses alleged against the petitioner. The case is triable by the Magistrate. He has falsely been implicated in the present case due to petty family dispute. 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 counsel for the State, it has been submitted that the petitioner is named in the complaint case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on 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 Complaint Case No. 3593/2015, Trial No. 2642 of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Saran at Chapra, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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