IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39209 of 2018
Arising Out of PS. Case No.-239 Year-2017 Thana- BRAHMPURA District- Muzaffarpur
Deepak Kumar S/o Bhola Sah, R/o Mohalla- Baba Triloki Nath Mandir, P.S.-
Brahampura, Distt.- Muzaffarpur.
… … Petitioner/s
The State of Bihar
… … Opposite Party/s
For the Petitioner/s : Mr. Sunil Kumar Pandey
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
3 30-07-2018 Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner is apprehending his arrest in a case
registered under Sections 498A and 377 of the Indian Penal
Code and ¾ of Dowry Prohibition Act.
Allegation against the petitioner is of committing
torture upon the victim due to non-fulfilment of demand of
On 5.7.2018, an opportunity was given to the parties
for one time settlement. When the matter was taken up today, it
has been submitted on behalf of the parties that the
reconciliation between the parties have failed.
It has been submitted on behalf of the petitioner that
the petitioner has got no criminal antecedent. There is no
Patna High Court Cr.Misc. No.39209 of 2018(3) dt.30-07-2018
allegation of tampering of witnesses alleged against the
petitioner. As far as offence under Section 377 IPC is concerned,
same is superficial in nature. Rest of the offence 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, Muzaffarpur in connection with Brahampura P.S.
Case No. 239 of 2017, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)