Patna High CourtCR. MISC./55993/2017bail granted

Nityanand Tatma v. State Of Bihar And ANR

2017-11-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55993 of 2017 Arising Out of PS. Case No.-282 Year-2011 Thana- COMPLAINT CASE District- Araria ====================================================== Nityanand Tatma, son of Pratham Tatma, Resident of Village- Bhansiya, P.S.- Mahalgoan (Jokihat), District- Araria.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Bulo Devi, daughter of Moti Lal Tatma, wife of Nityanand Tatma, Resident of Village- Chakai, P.S.- Jokihat, District- Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramesh Kumar Singh For the Opposite Party/s :

Mr. NAND KISHORE PD ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498A and 504 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 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 relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul

Patna High Court Cr.Misc. No.55993 of 2017(2) dt.23-11-2017 2/2 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 learned A.C.J.M. 1st, Araria in connection with Complaint case No.282C of 2011, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T