Hiranand Mishra v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45689 of 2018 Arising Out of PS. Case No.-30 Year-2018 Thana- RAJNAGAR District- Madhubani ====================================================== Hiranand Mishra son of Late Mangnu Mishra resident of village - Mangarpatti, P.S. Rajnagar, District Madhubani. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Lal Jha son of Late Nawet Jha resident of Village - Pilakhwar, P.S. Rajnagar, District Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subhash Kumar Jha For the Opposite Party/s :

Mr. Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 494, 498A, 379 and 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. The case is triable by

Patna High Court Cr.Misc. No.45689 of 2018(2) dt.27-07-2018 2/2 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 Vikash Jha, Judicial Magistrate, 1st Class, Madhubani in connection with Rajnagar P.S. Case No. 30 of 2018 corresponding to C.R.I. Case No. 226 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T