Patna High Court - Orders
Rajni Kant Ojha vs State Of Bihar & Anr on 20 July, 2017
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33133 of 2017
Arising Out of PS.Case No. -527 Year- 2015 Thana -BUXAR COMPLAINT CASE District-
BUXAR
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Rajni Kant Ojha Son of Sri Sanat Kumar Ojha, Resident of Village-
Sarhatar, P.S.- Simri, District- Buxar.
.... .... Petitioner
Versus
1. The State of Bihar.
2. Laxmi Devi, D/o Sri Harendra Pathak, Resident of Village- Barhmchari
Ji Ke Dera, P.S.- Simri, District- Buxar.
.... .... Opposite Parties
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Appearance :
For the Petitioner/s : Mr. Vivek Anand Kumar
For the Opposite Party/s : Mr. Md. Ansarul Haque
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 20-07-2017Heard learned counsel for the petitioner, learned counsel for the Complainant and learned counsel appearing on behalf of the State.
The petitioner is apprehending his arrest in connection with Complaint Case No.527(C) of 2015 for the offence instituted under Section 498(A)of the Indian Penal Code and 4 of D.P. Act.
The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the 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 Patna High Court Cr.Misc. No.33133 of 2017 (2) dt.20-07-2017 2/2 petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.
On behalf of the State and the counsel for the informant, it has been submitted that the petitioner is named in the Complaint case.
Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No.527(C) of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Buxar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Amit/-
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