Pappu Sah @ Pappu Sahu v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53999 of 2016 Arising Out of PS.Case No. -47 Year- 2016 Thana -BUXAR COMPLAINT CASE District- BUXAR ====================================================== Pappu Sah @ Pappu Sahu S/o Ram Sona Sah, resident of village + Post + P.S. Koran Sarai, District Buxar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Smt. Meera Devi w/o Pappu Sah, D/o Gopal Sah, resident of village + Post + P.S. Koran Sarai, District Buxar, at present residing at village Barka Sighanpura, P.S. Simri, District Buxar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashwini Kumar Rai, Advocate For the Opposite Party/s : Mr. Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 498(A) of the Indian Penal Code and 4 of the 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 petitioner has further relied upon the judgment of this Court in the

Patna High Court Cr.Misc. No.53999 of 2016 (7) dt.20-07-2017 2/2 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 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 Sub Divisional Judicial Magistrate, Buxar in connection with Complaint case No.47(c) 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