Arun Bhandari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54609 of 2017 Arising Out of PS.Case No. -127 Year- 2015 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ====================================================== Arun Bhandari, Son of Ram Chandra Bhandari, resident of Village Sugapatti Kachhari Tol, P.S.- Phulparas, Dist. Madhubani. .... .... Petitioner

Versus

1. The State of Bihar.

2. Rammani Devi, Wife of Arun Bhandari, resident of Village Sugapatti, Kachhari Tol, P.S. Phulparas District Madhubani presently D/o Mukti Mali, Resident of Village Nargo, P.S. Thari, District Satrai (Nepal). .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Hriday Narayan Harshit, Advocate. For the State : Mr. Sanjay Kumar Tiwary, A.P.P. For the O.P. No. 2 : M/S. Gagandeo Yadav, Vinod Kumar and Udeshya Kumar, Advocates.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-02-2018 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioner is apprehending his arrest in a case for the offence registered under Section 498(A) of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. The matter was referred to the Patna High Court, Mediation & Conciliation Centre vide order dated 15.11.2017. As per the report of the Mediator, mediation has failed. It has been submitted by learned counsel for the

Patna High Court Cr.Misc. No.54609 of 2017 (3) dt.06-02-2018 2/2 petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the 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 the Magistrate. The petitioner has further 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 learned counsels for the State and opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned S.D.J.M. Jhanjharpur, Madhubani, in connection with Jhanjharpur C.R. No. 127 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T