Pankaj Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71405 of 2018 Arising Out of PS. Case No.-613 Year-2017 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Pankaj Thakur S/o Rajdev Thakur, Village-Atheri Tola Jagdish, P.S.- Runisaidpur, Dist.-Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh For the Opposite Party/s :

Mr.Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2019 This application, for grant of anticipatory bail, arises out of Runnisaidpur P.S. Case No. 613/2017, disclosing offences under Sections 498A of the Indian Penal Code.

Earlier the matter was referred to Patna High Court Mediation and Concilliation Center, Patna but the mediation failed and it appeared that no Vakalatnama has been filed on behalf of opposite party no. 2, thereafter, notice was issued to opposite party no. 2 and the office report disclosed that opposite party no. 2 has received the notice personally but none has appeared today when the case is called out.

Petitioner happens to be husband of opposite party no. 2 and there is allegation of demand of motorcyle as dowry and for that opposite party no. 2 was subjected to cruelty and torture and was ousted from the house.

Submission of learned counsel for the petitioner is that

Patna High Court CR. MISC. No.71405 of 2018(6) dt.03-07-2019 2/2 entire allegation is false and concocted. Moreover, the complaint petition does not disclosed any specific allegation against the petitioner either of torture or demand and only when the petitioner has filed a divorce case, this present false case has been filed by opposite party no. 2.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Sitamarhi, in connection with Runnisaidpur P.S. Case No. 613/2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T