Amlesh Sahani v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42027 of 2018 Arising Out of PS.Case No. -897 Year- 2017 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Amlesh Sahani son of Achchelal Sahani, resident of Village- Kothiya Paschim Tola, P.S.- Madhuan, District- East Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. Dhanmanti Devi daughter of Kapildeo Sahani, resident of VillageKothiya Paschim Tola, P.S.- Madhuan, District- East Champaran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Umesh Chandra Verma For the Opposite Parties : Mr. Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-07-2018 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 3⁄4 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 petty family dispute. The case is triable by the Magistrate. The

Patna High Court Cr.Misc. No.42027 of 2018 (2) dt.18-07-2018 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 Chief Judicial Magistrate, Motihari, East Champaran in connection with Complaint Case No. C-897 of 2017, 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