Amarnath Bhagat @ Munna Bhagat v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38565 of 2018 Arising Out of PS.Case No. -744 Year- 2017 Thana -COMPLAINT CASE District- SUPAUL ====================================================== Amarnath Bhagat @ Munna Bhagat s/o late Badri Bhagat Resident of Village - Manganj, P.S. Jadiya, District - Supaul. .... .... Petitioner

Versus

1. The State of Bihar.

2. Nutan Devi w/o Amarnath Bhagat @ Munna Bhagat Resident of Triveniganj Bazar, Latauna North, Ward No. 13, P.S. Triveniganj, Dist - Supaul.

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

For the Petitioner : Mr. Mira Kumari For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner, learned counsel for opposite party No. 2 and learned APP for the State. The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code.

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 there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. On earlier occasion, for similar nature of offence, a case has been lodged by the complainant against the petitioners and their family members. The

Patna High Court Cr.Misc. No.38565 of 2018 (2) dt.05-07-2018 case is triable by the Magistrate. The petitioners have 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 and opposite party No.2, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, 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) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Supaul in connection with Complaint Case No. 744P of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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