Amrendra Kumar Anand @ Ashwani Mahto @ Raja Babu v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18386 of 2018 Arising Out of PS. Case No.-986 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Amrendra Kumar Anand @ Ashwani Mahto @ Raja Babu, s/o- Late Prabhu Dayal Biyogi, r/o- village Kharkhura Bairagi, Loco Gali, P.S.- Delha, DistrictGaya. ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Sneha Kumari @ Sonam, D/o- Late Ram Balak Mahto, wife of Amrendra Kumar Anand @ Ashwani Mahto @ Raja Babu, resident of Mohalla North Mandiri, P.S.- Budha Colony, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rudra Deo For the Opposite Party/s :

Mr. SANJAY KUMAR TIWARY 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-03-2018 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 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-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 of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court Cr.Misc. No.18386 of 2018(2) dt.30-03-2018 2/2 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/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 S.D.J.M., Patna in connection with Complaint Case No. 986/C/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

If so advised, the Opposite Party No. 2 may approach the Family Court of competent jurisdiction for redressal of her grievances, if any.

(Sudhir Singh, J) Pankaj/- U T