Ashok Murmu v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30475 of 2017 Arising Out of PS.Case No. -61 Year- 2016 Thana -CHANDAN District- BANKA ======================================================

1. Ashok Murmu S/o Chhote Lal Murmu, resident of village Harikua, P.S. - Katoria, District - Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shakuntala Chauray D/o Bhola Chaurai, R/o Village - Chandi Peerda, P.O. + P.S. - Chandan, Distt. Banka.

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

For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Smt. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 494 and 498A of the Indian Penal Code. Allegation against the petitioner is of committing torture upon the victim.

It has been submitted on behalf of the petitioner that earlier a similar case was filed by the informant with similar allegations. It is also submitted that in spite of the direction of the Court, the informant is not co-operating in the first complaint case. The petitioner denies marriage with the informant of the present case. There is no substantive evidence to show that the

Patna High Court Cr.Misc. No.30475 of 2017 (2) dt.13-07-2017 2/2 informant has been married to this petitioner, rather she is in habit of filing such false cases. Hence, no offence is alleged to be made out.

On behalf of the State, it is submitted that the petitioner is named in the 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 Smt. S. Kriti, Judicial Magistrate, 1st class, Banka in connection with Chandan (Anandpur) P.S. case No.61 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