Raju Babu v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36216 of 2017 Arising Out of PS.Case No. -449 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Raju Babu Son of Sri Ravindra Sharma resident of Village - Berra, Police Station - Masaurhi in the district of Patna.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Shobha Kumari Wife of Raju Babu, Daughter of Surendra Prasad Singh presently resident of Mohalla - Kumhar Toli, Masaurhi, Police Station Masaurhi in the district of Patna.

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

For the Petitioner : Mr. Sunil Kumar, Advocate. For the State : Smt. Sharda Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 449 (C) of 2016 for the offences instituted under Sections 323 and 498(A) of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner tortured the complainant 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 allegation of tampering with the witnesses alleged against the petitioner. He has

Patna High Court Cr.Misc. No.36216 of 2017 (2) dt.10-08-2017 2/2 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 State, it has been submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on 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 Complaint Case No. 449 (C) of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Masaurhi, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T