Dilip Malli v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47089 of 2017 Arising Out of PS.Case No. -2747 Year- 2015 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ====================================================== Dilip Malli son of Prabhu Malli, Resident of Village- Areraj/North of Mahadev Mandir, P.S. Gobindganj (O.P.) Areraj, District East Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. Pooja Devi W/o Dilip Malli, Resident of Village- Areraj/North of Mahadev Mandir, P.S. Gobindganj (O.P.) Areraj, District East Champaran. (Sasural) at present address- Daughter of Harendra Malli Resident of Ramgarwa Bazar, P.S. Ramgarwa, District East Champaran (Naihar).

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

For the Petitioner : Mr. Anang Mohan Sinha, Advocate. For the State : Mr. Binod Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A) of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the

Patna High Court Cr.Misc. No.47089 of 2017 (2) dt.12-10-2017 2/2 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 further 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 learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let 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 furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. East Champaran at Motihari, in connection with Trial No. 2873 of 2016, arising out of Complaint Case No. 2747 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T