Pawan Sinha @ Pawan Kumar Sinha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28033 of 2017 Arising Out of PS.Case No. -833 Year- 2014 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================

1. Pawan Sinha @ Pawan Kumar Sinha Son of Vijay Prasad @ Chhote Prasad, Resident of Village- Palaria, Police Station- Rajgir, DistrictNalanda, at present residing at Rajendra Ashram, Police Station- Civil Line, District- Gaya.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Smt. Swati Sahay wife of Pawan Sinha, Daughter of Late Shashi Bhushan Sahai, Resident of Village- Paharpur, Police Station- Fatehpur, District- Gaya.

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner, learned counsel for the complainant and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Complaint case No. 833 of 2014 for the offence instituted under Sections 323 and 498(A) of the Indian Penal Code. 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 the petitioner has got no criminal antecedent. There is no allegation

Patna High Court Cr.Misc. No.28033 of 2017 (2) dt.13-07-2017 2/2 of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present 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 and the counsel for the complainant, 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 anticipatory 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. 833 of 2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T