Birendra Thakur v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19563 of 2018 Arising Out of PS. Case No.-495 Year-2017 Thana- MADHEPURA COMPALINT CASE District- Madhepura ====================================================== Birendra Thakur, Son of Shree Dev Narayan Thakur @ Dev Narayan Thakur, Resident of Village- Malia, Ward No.9, Bharrahi, Police Station- Madhepura, District- Madhepura.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Rinku Devi, Wife of Birendra Thakur, Daughter of Yogendra Thakur, Resident of Malia, Ward No.9, Bharrahi, Police Station- Madhepura, DistrictMadhepura, at present Resident of Village- Damgada, Police StationShankarpur, Police Station- Kumarkhand, District- Madhepura. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Chand Prasad For the Opposite Party/s :

Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-04-2018 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, 379/34 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

Patna High Court Cr.Misc. No.19563 of 2018(2) dt.10-04-2018 2/2 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.

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 Sub Divisional Judicial Magistrate, Madhepura in connection with Complaint case No.495 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T