Patna High CourtCR. MISC./66846/2018bail granted

Mohan Shah v. State Of Bihar And ANR

2018-11-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66846 of 2018 Arising Out of PS. Case No.-826 Year-2016 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== Mohan Shah, s/o- Kapil Shah, r/o- village Mairitar, P.S.- Guthni, DistrictSiwan. ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Nitu Devi, w/o- Mohan Shah, resident of village Mairitar, P.S.- Guthni, District- Siwan, at present residing at the house of her father Kashi Prasad, resident of village + P.S.- Bhatpar Rani, District- (Deoria (U.P.) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhakar Singh For the Opposite Party/s :

Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case in which cognizance has been taken under section 498A of the Indian Penal Code and 4 of Dowry Prohibition Act. Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment 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

Patna High Court Cr.Misc. No.66846 of 2018(2) dt.01-11-2018 2/2 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 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/F.I.R. 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., Siwan in connection with Complaint Case No. C 826/16, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T