Ramesh Goswami @ Ramesh Gosai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53113 of 2019 Arising Out of PS. Case No.-19 Year-2018 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== RAMESH GOSWAMI @ RAMESH GOSAI Son of Late Shri Bhagwan Gosai Resident of Village and P.O.-Chhoti Sasaram, P.S.-Udawant Nagar, District-Bhojpur.
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Maya Devi Wife of Ramesh Gosai Resident of Village and P.O.-Chhoti Sasaram, P.S.-Udawantnagar, District-Bhojpur A/P residing at Chauhan Barehata, P.S.-Kargahar, District-Rohtas.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Yash Singh For the Opposite Party/s :
Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. 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 and 406 of the Indian Penal Code.
Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of
Patna High Court CR. MISC. No.53113 of 2019(6) dt.12-06-2020 2/3 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 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 facts and circumstances of the case and also the lockdown, 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 his personal bond to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Complaint Case No. 19/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with
Patna High Court CR. MISC. No.53113 of 2019(6) dt.12-06-2020 3/3 two sureties of the like amount each within a period of seven weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Pankaj/- U T