Anan Mandal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42799 of 2018 Arising Out of PS. Case No.-71 Year-2018 Thana- MANIHARI District- Katihar ====================================================== Anan Mandal, S/o Piyari Mandal, Resident of Village- Dilarpur- Bhuta Bari, P.S. Manihari, District- Katihar.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Jhuma Devi, D/o Jhabru Mandal W/o Anan Mandal, Resident of DiharpurBhuta Bari, P.S. Marihari District- Katihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Raghvendra Kumar Singh, Advocate For the State :

Mr. C. Jawahar, APP ====================================================== 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 498A, 376, 323, 504/34 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 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 petty family dispute. It is evident from the order of the Sessions Court that in paragraph 17 of the supervision note of the

Patna High Court Cr.Misc. No.42799 of 2018(2) dt.18-07-2018 2/2 S.D.P.O., Manihari, the case has been found true only under Section 498A/34 of the I.P.C. 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 Smt. Swati, learned Judicial Magistrate, 1st class, Katihar in connection Manihari P.S. case No.71 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T