Suchit Kumar Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7433 of 2018 Arising Out of PS. Case No.-2634 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Suchit Kumar Rai, son of Sitaram Rai, aged about 31 years, R/o- village Chaita, P.s.- alipur, P.O.- Makhdumpur, District- Gaya. ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Gudiya Devi @ Manju Devi, aged about 30 years, W/o- Suchit Rai, D/oShailendra Sharma, R/o- village & P.O.- Tendua, P.S.- Nokha, DistrictRohtas. Presently residing at H/o- Jitendra Singh, North Mandiri, Bapu Nagar, near Kali Mandir, P.S.- Budha Colony, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Kumar Singh For the Opposite Party/s :

Mr. YOGENDRA KR. SINGH (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-02-2018 Petitioner is permitted to make necessary correction in paragraph no. 1 of the application in course of the day. Heard learned counsel for the petitioner, learned counsel for the opposite party No. 2 and learned APP for the State. The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

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

Patna High Court Cr.Misc. No.7433 of 2018(2) dt.06-02-2018 2/2 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.

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 SDJM, 1st Class, Patna in connection with Complaint Case No. 2634(C) of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T