Patna High CourtCR. MISC./54455/2018bail granted

Mithilesh Thakur v. The State Of Bihar

2018-09-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54455 of 2018 Arising Out of PS. Case No.-54 Year-2018 Thana- MATIHANI District- Begusarai ====================================================== Mithilesh Thakur, Son of Kishundat Thakur @ Kishun Dutt Thakur, Resident of Village- Ramdiri, Naktitola, Ward No. 7, P.S.- Matihani, DistrictBegusarai. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is permitted to make necessary correction in paragraph 1 and prayer portion of the application in course of the day.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 504, 506, 379, 498A/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

Patna High Court Cr.Misc. No.54455 of 2018(2) dt.25-09-2018 2/2 allegation of tampering of witnesses alleged against the petitioner. The petitioner is father-in-law of the victim. He has falsely been implicated in the present case due to 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 Junaid Alam, Judicial Magistrate, 1st Class, Begusarai in connection with Matihani P.S. Case No. 54 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.