Nand Kishor Choudhary v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21342 of 2018 Arising Out of PS.Case No. -470 Year- 2007 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Nand Kishor Choudhary, Son of Srawjeet Choudhary, Resident of Village - Piparaghat Tola Jaypur, Police Station - Sewarahi, District - Kushi Nagar (U.P.).
.... .... Petitioner
Versus
1. The State of Bihar.
2. Smt. Nanmati Devi, Wife of Nand Kishor Choudhary, daughter of Badhu Choudhary at present resident of Village - Dahawa, Police Station Dhanoha, District - West Champaran.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Milind Kumar Mishra, Advocate. For the State : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-04-2018 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 Section 498(A) of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present
Patna High Court Cr.Misc. No.21342 of 2018 (2) dt.10-04-2018 2/2 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 counsel 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. Bagaha, West Champaran , in connection with Complaint Case No. 470-C of 2007, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T