Allowed
Binay Choudhary v. State Of Bihar and Anr.
Patna HCCR. MISC./12599/2018
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from the order text
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COURT OF JUDICATURE AT PATNA Criminal…
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12599 of 2018
Arising Out of PS. Case No.-673 Year-2017 Thana- NATHNAGAR District- Bhagalpur
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Binay Choudhary, Son of Late Dillo Choudhary, Resident of Mohalla-Pasi Tola (Jain Mandir), POlice Station-Lalmatiya, District-Bhagalpur.
... ... Petitioner/s
Versus
... ... Opposite Party/s
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Appearance : For the Petitioner/s : Mr. Syed Masleh-uddin Ashraf For the Opposite Party/s : Mr. CHANDRASEN PRASAD SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 05-03-2018
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 and 504/34 of the Indian Penal Code.
Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.
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. On the earlier occasion also, O.P. No. 2 has instituted an another
Patna High Court Cr.Misc. No.12599 of 2018(2) dt.05-03-2018 2/2
case for similar offence. 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 Chief Judicial Magistrate, Bhagalpur in connection with Nathnagar (Lalmatiya) P.S. Case No. 673 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
Pankaj/-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case alleging dowry-related offences and torture.
Whether the petitioner has been falsely implicated due to a petty family dispute.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharRelied on¶18
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, 2006(3) PLJR 182
1 provisions across 1 enactments
Binay Choudhary
The State of Bihar
Champa Devi
SUDHIR SINGH
As recorded by the court registry
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