Patna High CourtCR. MISC./50958/2017bail granted

Chamak Lal Das v. State Of Bihar And ANR

2018-01-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50958 of 2017 Arising Out of PS. Case No.-122 Year-2017 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Chamak Lal Das, Son of Suresh Das, Resident of Kachahari Pipra, P.S.- Dhoraiya, District- Banka.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Poonam Devi, Wife of Chamak Lal Das, D/o Shakhichand Das, resident of Village- Jagdishpur, P.S. Jagdishpur, District- Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ranjan Kumar Jha, Advocate For the State :

SMT. ASHA KUMARI, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-01-2018 None appears on behalf of the opposite party No.2. Heard learned counsel for the petitioner 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 4/5 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 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

Patna High Court Cr.Misc. No.50958 of 2017(4) dt.05-01-2018 2/2 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 F.I.R.

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 C.J.M., Bhagalpur in connection with Jagdishpur P.S. case No.122 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T