Allowed

Atul Chandra Das v. State Of Bihar and Anr.

Patna HC23 Apr 2018CR. MISC./23957/2018

Case brief

AI extract

What is this about?

The High Court at Patna granted anticipatory bail to the petitioner under Section 438 CrPC over a complaint under Section 498A IPC alleging dowry harassment. Bail was granted subject to surrender within six weeks and furnishing bonds with sureties.

What did the court decide?

Petitioner released on anticipatory bail subject to surrender within six weeks and furnishing bail bonds of Rs.10,000 with two sureties of like amount.

Atul Chandra Das Vs State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23957 of 2018

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Arising Out of PS. Case No.-1886 Year-2004 Thana- KATIHAR COMPLAINT CASE District- Katihar

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======================================================

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Atul Chandra Das, son of Vishwa Das, Resident of Village- Manikpur, P.S.Balrampur, District- Katihar.

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... ... Petitioner/s

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Versus

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The State of Bihar.

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Leela Devi, wife of Atul Chandra Das, Daughter of Bhantu Deo Sharma, Resident of Village- Kandhal, P.S.- Barsoi, District- Katihar.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Suresh Prasad Sah @ Baranwal For the Opposite Party/s : Mr. Satyavarat Verma ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 23-04-2018

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code.

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Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

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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

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Patna High Court Cr.Misc. No.23957 of 2018(2) dt.23-04-2018 2/2

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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 .

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On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

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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. -VI, Katihar in connection with Complaint Case No. 1886/2004, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Pankaj/-

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U T

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(Sudhir Singh, J)

Atul Chandra Das v. State Of Bihar and Anr.

Case brief

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Atul Chandra Das v. State Of Bihar and Anr.

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