Jainand Singh And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41344 of 2017 Arising Out of PS. Case No.-1722 Year-2014 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ======================================================
1. Jainand Singh, Son of Late Bindeshwar Singh, R/o VillageBadharwa, P.S.- Lauriya, District- West Champaran.
2. Sunita Devi W/o Jainand Singh, D/o Kanahi Dhanger , R/o Village- Sahodara, P.S.- sahodara, District- west Champaran, At present Adress of Village- Siswaniya Purab Tola, P.S.- Lauriya, District- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Parmila Devi W/o Jainand Singh D/o Ramandeo Singh, R/o VillageSiswaniya, Purab Tola, P.S.- Lauriya, District- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Gauri Shankar Thakur, Advocate For the State :
SMT SANGEETA SHARMA, APP For opposite party No.2 :
Mr. Sachida Nand Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-01-2018 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. 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
Patna High Court Cr.Misc. No.41344 of 2017(5) dt.04-01-2018 2/2 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 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., Bettiah, West Champaran in connection with Complaint case No.1722C of 2014, S.C. No.1157 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T