Samod Mandal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2539 of 2018 Arising Out of PS.Case No. -1162 Year- 2016 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Samod Mandal S/o Rajendra Mandal, R/o Village- (Haridaypur) Ward No. 5, P.S.- O.P. Araria R.S. (Araria), District- Araria. .... .... Petitioner

Versus

1. The State of Bihar.

2. Runa Devi W/o Samod Mandal, D/o Jagdev Rishideo, R/o VillageIthara, Hridaypur, Ward No. 5, P.S.- O.P. Araria (R.S.), District- Araria. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Kumar Jha For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in a case instituted under Sections 498(A), 379 of the Indian Penal Code and 3/4 of D.P. Act but cognizance has been taken under Section 498(A) of the Indian Penal Code and 3⁄4 of D.P. Act. The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the 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

Patna High Court Cr.Misc. No.2539 of 2018 (2) dt.17-01-2018 2/2 case. The case is triable by the Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari 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.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No.1162C/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Araria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T