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Patna High CourtCR. MISC./70393/2018bail granted

Sanjeev Kumar Thakur v. State Of Bihar And ANR

2018-11-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70393 of 2018 Arising Out of PS. Case No.-2091 Year-2014 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Sanjeev Kumar Thakur, s/o- Bisdhar Thakur, resident of village + P.S.- Sanokhar, District- Bhagalpur.

... ... Petitioner/s

Versus

1. The State Of Bihar

2. Sarita Devi, wife of Sri Sanjeev Kumar Thakur, d/o- Sri Naresh Prasad Thakur, r/o- village Rannuchak, Makanpur, P.S.- Akbarnagar, DistrictBhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case in which cognizance has been taken under sections 498A and 323 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 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

Patna High Court Cr.Misc. No.70393 of 2018(2) dt.28-11-2018 2/2 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 learned S.D.J.M., Bhagalpur in connection with Complaint Case No. 2091/14, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T