Sagar Mandal @ Sagar Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41748 of 2018 Arising Out of PS.Case No. -420 Year- 2015 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ====================================================== Sagar Mandal @ Sagar Kumar, Son of Girdhari Mandal @ Girdhar Mandal, Resident of Mohalla- Ratanpur (Jhikli), P.S.- Sangrampur, Distt- Munger. .... .... Petitioner

Versus

1. The State of Bihar.

2. Soni Kumari, W/o Sagar Mandal, D/o Kanhay Mandal, Resident of Mohalla- Ratanpur, P.S.- Sangrampur, Distt- Munger, Present addressChhoti Ashikpur, P.S.- East Colony, Distt- Munger. .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Kumar Kamal Nayan For the Opposite Parties : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 496, 498A, 494 of the Indian Penal Code and 3⁄4 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 present case due to

Patna High Court Cr.Misc. No.41748 of 2018 (2) dt.18-07-2018 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 Sri Akhilesh Pandey, learned Sub Divisional Judicial Magistrate, Munger in connection with Complaint Case No. 420 C of 2015, 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