Mohan Pandit v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70478 of 2018 Arising Out of PS. Case No.-539 Year-2017 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Mohan Pandit Son of Sukai Pandit Resident of Village-Bisunpurwa,Police Station -Subhadara,Distt.-West Champaran ... ... Petitioner/s

Versus

1. The State of Bihar

2. Antima Devi Wife of Mohan Pandit D/o of Sanejar Pandit Resident of Village-Bishunpurwa,Police Station Subhadra,Distt.-West Champaran Presently residing at village-Tonwa,Police Station Subhadra,Distt.West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar No.-7 For the Opposite Party/s :

Mr. Dr. Indiwar Kumari ====================================================== 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 registered under Sections 498A, 323 and 504 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.70478 of 2018(2) dt.28-11-2018 2/2 present case due to petty family dispute. The present case has been instituted just after institution of a matrimonial case by the petitioner for restitution of conjugal rights. 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 A.C.J.M. -II, Bettiah, West Champaran in connection with Complaint Case No. 539C/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U