Dahaur Sahni v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62846 of 2017 Arising Out of PS.Case No. -2193 Year- 2016 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Dahaur Sahni, Son of Rambhajju Sahni, Resident of Village- Katesar Tole Mohanpur, P.S.- Sakara, District- Muzaffarpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. Rubi Devi, Wife of Gajendra Sahani, R/o Village- Behwar, P.S.- Goraul, Distt- Vaishali.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Soban Asghar For the Opposite Party/s : Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case instituted under Section 498A, 323, 307, 494 of the Indian Penal Code and 3⁄4 of D.P.Act.

The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the 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 tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Due to

Patna High Court Cr.Misc. No.62846 of 2017 (2) dt.04-01-2018 2/2 petty family dispute, the present case has been instituted against the petitioner. There is no injury report to support the allegations made in the Complaint case. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of 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 anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No.2193 of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T