Ashok Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75728 of 2018 Arising Out of PS. Case No.-940 Year-2015 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Ashok Sah S/o Indradeo Sah Resident of Bholapur Kharhat,Tola Gopal Nagar P.S. Bhairoganj,Distt.-West Champaran ... ... Petitioner/s

Versus

1. The State of Bihar

2. Bindu Devi W/o Ashok Sah Resident of Bholapur Kharhat,Tola-Gopal Nagar,P.O. Bhairoganj,Distt.West Champaran. At present address-Bindu Devi W/o Shrawan Bin D/o Rajendra Bin,Village-Tribhauni,P.S. Bhairognj,Distt.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2018 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. 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 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

Patna High Court Cr.Misc. No.75728 of 2018(2) dt.17-12-2018 2/2 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.

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 Sri Sandeep Patel, J.M. 1st class, Bagaha, West Champaran in connection with Tr. No.6415 of 2017 arising out of Complaint case No.940 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T