Petitioner sought anticipatory bail fearing arrest in a dowry case. The Coram granted bail upon surrender within six weeks, requiring a bond of Rs. 10,000 with two sureties.
Petitioner released on anticipatory bail on surrender within six weeks, furnishing bond of Rs. 10,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25593 of 2018
Arising Out of PS.Case No. -1358 Year- 2016 Thana -SIWAN COMPLAINT CASE DistrictSIWAN
====================================================== Rajnish Kumar Ojha @ Rajanish Kr. Ojha .... .... Petitioner/s Versus State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party No. 2 : Mr. Rabindra Nath Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 26-04-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel appearing for opposite party No. 2 .
The petitioner is apprehending his arrest in a case registered under Sections-323, 406, 498A 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 present case due to petty family dispute. 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.
Patna High Court Cr.Misc. No.25593 of 2018 (2) dt.26-04-2018
Page 2 of 2
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 Judicial Magistrate-Ist Class, Siwan in connection with Complaint Case No. 1358 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
A.K.V./U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case under Sections 323, 406, 498A of the IPC.
Rajnish Kumar Ojha @ Rajanish Kr. Ojha
State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
