Ashok Kumar Pandey @ Daya Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41084 of 2018 Arising Out of PS. Case No.-20 Year-2018 Thana- MAHILA P.S. District- Rohtas ====================================================== Ashok Kumar Pandey @ Daya Pandey, Son of Parshuram Pandey, Resident of Village- Sidha Bandh, P.S.- Itarhi, District- Buxar. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sunita Pandey, Daughter of Chandradeep Chaubey, Resident of MohallaGaurakshani Gajrarh, Ward No.04, P.S.- Sasaram (Model), District- Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Singh For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2018 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 and 307 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. As per the injury report, the nature of injury is said to be simple. Hence no offence under Section 307 I.P.C. is made out. Rest of the

Patna High Court Cr.Misc. No.41084 of 2018(2) dt.10-07-2018 2/2 offence 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 Shailendra Kumar Sharma, learned A.C.J.M., Sasaram, District Rohtas in connection with Mahila P.S. case NO.20 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T