Basudeo Giri @ Basdeo Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48622 of 2018 Arising Out of PS. Case No.-425 Year-2017 Thana- SUGAULI District- East Champaran ====================================================== Basudeo Giri @ Basdeo Giri Son of Manager Giri Resident of VillageSugoandih, Ward No. 8, Police Station- Sugauli, District- East Champaran at Motihari.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Karandeep Kumar For the Opposite Party/s :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 498A, 365/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

The prosecution case, in short, is that the accused persons including the petitioner committed torture the victim due to nonfulfilment of demand of dowry. It is claimed that the accused persons have also kidnapped the daughter of the informant. 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. It is a malafide prosecution relating to missing of the victim. A Sanha was instituted

Patna High Court Cr.Misc. No.48622 of 2018(2) dt.07-08-2018 2/2 on 08.10.2017, which is Annexure 2 to the present appliction. Thereafter an F.I.R. was also instituted by the petitioner side on 15.11.2017 as they were assaulted by the family members of the victim. Again on 23.11.2017, a complaint case was also filed in the court below against the family members of the victim. In retaliation to the same, the present case was filed on 15.12.2017. 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 Chief Judicial Magistrate, East Champaran at Motihari in connection with Sugauli P.S. case No.425 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