Jagdish @ Jagdish Poddar @ Jagdip @ Jagdip Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41389 of 2017 Arising Out of PS.Case No. -366 Year- 2017 Thana -KATIHAR District- KATIHAR ====================================================== JAGDISH @ JAGDISH PODDAR @ JAGDIP @ JAGDIP PODDAR, son of late Parsuram Singh, resident of village-Tingachhiya, P.S.-Katihar (Town), Distrcit- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 15-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Katihar (Town) P.S. Case No.366 of 2017 instituted for the offence under Section(s) 366, 365, 498-A, 120-B Indian Penal Code pending in the Court of the Chief Judicial Magistrate, Katihar. Petitioner is husband of daughter of the Informant. As per Complaint Petition, which was sent to P.S. under Section 156(3) Cr. P. C., this petitioner informed the Informant on 21.04.2017 that his daughter is missing. The Informant alleged that since the date of marriage, her daughter was tortured in Sasural by this petitioner and other accused persons for demand of dowry as mentioned in the Complaint Petition. It is also alleged that this petitioner earlier married twice. His first wife has

Patna High Court Cr.Misc. No.41389 of 2017 (3) dt.15-11-2017 2/2 also filed a case against him and his second wife is traceless. Counsel for the petitioner has submitted that one complaint was filed by the mother of this petitioner vide Complaint Case No.860 of 2017 under Sections 363, 392/34 alleging that on the same date of occurrence her daughter-in-law was taken by the Informant and other accused persons, which is pending for enquiry.

Learned APP has submitted that in the case diary independent witnesses have supported the case. Victim is still traceless.

In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.

Prayer of the petitioner for grant of anticipatory bail is rejected.

Petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law on its own merit without being prejudiced by this order.

(Sanjay Priya, J) JA/- U T