Madan Prasad @ Madan Sah v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.3432 of 2017 (3) dt.04-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3432 of 2017 Arising Out of PS.Case No. -1802 Year- 2015 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ====================================================== Madan Prasad @ Madan Sah, S/o Late Suraj Prasad @ Surja Sah, Resident of Village- Tath Chowk, P.S.- Chanpatia, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Anita Devi, W/o Madan Prasad @ Madan Sah, Resident of VillageTath Chowk, P.S. Chanpatia, District- West Champaran, At present resident of Marwari Dharamsala, Chanpatia, P.S.- Chanpatia, Dist.- West Champaran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 180-C of 2015, disclosing offences under Sections 498A of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the complainant was married with the petitioner 30 years back and now the petitioner, who is of sixty years of his age, is being prosecuted for the alleged demand of dowry by the complainant. The version of the

Patna High Court Cr.Misc. No.3432 of 2017 (3) dt.04-07-2017 prosecution totally appears to be false and fabricated. No case under Section 498A of the I.P.C. is made out against the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bettiah, West Champaran, in connection with Complaint Case No. 1802-C of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T