Niwas Pandit v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45612 of 2018 Arising Out of PS.Case No. -774 Year- 2016 Thana -COMPLAINT CASE District- JAMUI ======================================================

1. Niwas Pandit, son of Late Kesho Pandit, resident of Mangrar, P.S. Laxmipur, District Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Babita Devi wife of Niwas Pandit D/o Lalo Pandit, resident of VillageMohaddi Nagar, P.S.- Halsi, District- Lakhisarai. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Sinha For the Opposite Party/s : Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498A, 323, 406 of the Indian Penal Code. 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 petitioner has relied upon the judgment of this Court in the case of

Patna High Court Cr.Misc. No.45612 of 2018 (2) dt.26-07-2018 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 Additional Chief Judicial Magistrate-III, Jamui in connection with Complaint Case No. 774C of 2016, 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