Patna High Court - Orders
Rakesh Prasad @ Chandika @ Chandika ... vs State Of Bihar & Anr on 10 May, 2018
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28953 of 2018
Arising Out of PS. Case No.-400 Year-2016 Thana- SAMASTIPUR COMPLAINT CASE
District- Samastipur
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Rakesh Prasad @ Chandika @ Chandika Prasad Choudhary S/o Ramashish
Choudhary, R/o Vill.- Gayghat, P.S.- Rosera, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Janki Kumari D/o Ramadhar Rai, R/o Vill.- Bhirha, P.S.- Rosera, District-
Samastipur.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Singh
For the Opposite Party/s : Mr. Madhuranand Jha
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 10-05-2018Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Section 498A 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 petty family dispute. The case is triable by Patna High Court Cr.Misc. No.28953 of 2018(2) dt.10-05-2018 2/2 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 L.N. Tripathi, Judicial Magistrate, 1st Class, Rosera in connection with C.R. No. 400/2016, Tr. No. 2219/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Pankaj/-
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