Rajeev Kumar Poddar @ Chhotu Poddar @ Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16786 of 2018 Arising Out of PS.Case No. -31 Year- 2015 Thana -MAHILA PS District- KHAGARIA ====================================================== Rajeev Kumar Poddar @ Chhotu Poddar @ Rajeev Kumar, Son of Late Ganpati Poddar, Resident of Village Bagdov P.S. Muffasil District Khagaria, Bihar............................................... .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Surendra Kumar Singh, Advocate. For the Opposite Party : Mr. Md. Ansarul Haque, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-03-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A) of the IPC and 3⁄4 of the D.P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. It is further submitted that question of maintainability of anticipatory bail with regard to

Patna High Court Cr.Misc. No.16786 of 2018 (2) dt.23-03-2018 2/2 under Section 41(1) of Cr.P.C. has already been decided by another Co-ordinate Bench of this Court in the case of (Gauri Shankar Roy Vs. The State of Bihar), reported in 2015(3) PLJR

618. The case is triable by the Magistrate. The petitioner has further 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 learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned S.D.J.M. Khagaria, in connection with Khagaria (Mahila ) P.S. Case No. 31 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T