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Patna High CourtCR. MISC./62033/2017bail granted

Govind Prasad @ Govind Kumar @ Govinda Kumar v. State Of Bihar And ANR

2017-12-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62033 of 2017 Arising Out of PS.Case No. -1244 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Govind Prasad @ Govind Kumar @ Govinda Kumar age about 30 years, Son of Sri Shiv Pujan Ram, Resident of Village, Post Sarai, P.S. Maner, District- Patna.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Chanda Devi aged about 26 years, W/o Govind Prasad @ Govind Kumar, D/o Krishna Pd. Village + P.O. Sarai, P.S.- Maner District Patna, At present residing at Nauratanpur, P.O. + P.S. Khagaul, DistrictPatna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Jitendra Sharma, Advocate. For the State : Mr. Chandra Bhushan Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A), 323 of the IPC and 4 of the D.P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There

Patna High Court Cr.Misc. No.62033 of 2017 (2) dt.19-12-2017 2/2 is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. 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 counsels for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned S.D.J.M. Danapur, Patna, in connection with Complaint Case No. 1244 (C) of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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