Indal Choudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8219 of 2018 Arising Out of PS. Case No.-649 Year-2016 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Indal Choudhary son of Jaglal Choudhary, resident of village Rasalpur, Police Station Chandi, District Nalanda ... ... Petitioner/s

Versus

1. State Of Bihar

2. Munni Devi wife of Indal Choudhary, resident of village Rasalpur, Police Station Chandi, District Nalanda, at present daughter of Suresh Choudhary, resident of village+Post Hathiyawa, Police Station Khijarsarai (Mahkar), District Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. KANHAIYA KISHORE ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 323, 379, 307, 498A/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act, but cognizance has been taken under Section 498A of the I.P.C. and 4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture and assault upon the victim due to non-fulfilment 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

Patna High Court Cr.Misc. No.8219 of 2018(2) dt.12-02-2018 2/2 of tampering of 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 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.

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, Hilsa, Nalanda in connection with Complaint case No.649C of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T