Patna High CourtCR. MISC./53115/2018bail granted

Sanjeet Kumar Rai @ Dahaur Rai v. State Of Bihar And ANR

2018-09-04Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53115 of 2018 Arising Out of PS.Case No. -330 Year- 2016 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ======================================================

1. Sanjeet Kumar Rai @ Dahaur Rai son of Ram Sogarath Rai, resident of Village- Kalyanur Tole Milki, Police Station- Bibhutipur, DistrictSamastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Smt. Bibi Kumari wife of Sanjeet Kumar Rai, resident of VillageKalyanpur Tole Milki, P.S. Bibhutipur, District- Samastipur. At presentSmt. Babli Kumari Daughter of Sutatu Rai, resident of Village- Maniyarpur, P.S. Warisnagar, District- Samastipur.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 498A/34 of the Indian Penal Code and 4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment 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 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.53115 of 2018 (2) dt.04-09-2018 petty family dispute. The case is triable by the Magistrate. The petitioner has 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 State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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 learned Sub Divisional Judicial Magistrate, Samastipur in connection with Complaint Case No. 330 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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