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Patna High CourtCR. MISC./51198/2017bail granted

Mithun Ram v. State Of Bihar And ANR

2017-11-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51198 of 2017 Arising Out of PS.Case No. -306 Year- 2017 Thana -MANER District- PATNA ======================================================

1. Mithun Ram ( Husband), Son of Binod Ram, Resident of VillageDhakaposh, P.S. Maner, Dist.- Patna. .... .... Petitioner

Versus

1. The State of Bihar.

2. Sunita Devi, Wife of Mithun Ram and daughter of Ramashish Ram, Resident of Mohamadpur, Kurzi Akhara Par, P.S. Phulwarisharif, Dist.- Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Rudra Deo For the Opposite Party/s : Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in a case instituted under Section 498(A)/34 of the Indian Penal Code. The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the 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. The case is triable by the Magistrate. Due to petty family dispute, the

Patna High Court Cr.Misc. No.51198 of 2017 (2) dt.09-11-2017 2/2 present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Maner P.S. Case No. 306 of 2017, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Randhir Kumar, learned J.M. 1st Class, Danapur, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T