Sushil Chandra Jha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44528 of 2017 Arising Out of PS. Case No.-1600 Year-2009 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Sushil Chandra Jha son of Late Raj Kumar Jha Resident of village - Bhojpatti, P.S. - Sarai, District - Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Jyoti Kumari Daughter of Sri Ashok Kumar Chakravarti @ Ashok Singh Resident of Village - Digghi Khurd, P.S. - Sadar, District - Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nalin Kumar, Advocate For the State :

Mr. Nand Kumar, APP For Opposite party No.2 :

Mr. Chandra Mauli Chaurasia, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code and 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 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

Patna High Court Cr.Misc. No.44528 of 2017(2) dt.18-09-2017 2/2 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 and learned counsel for the opposite party No.2, 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 S.D.J.M., Vaishali at Hajipur in connection with Complaint case No.1600 of 2009, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T