Vikash Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9515 of 2019 Arising Out of PS. Case No.-710 Year-2015 Thana- COMPLAINT CASE District- Jamui ====================================================== Vikash Kumar son of Sri Binod Das Resident of Village- Barhiya Near Mahila College, Barhiya, P.S. Lakhisarai, Disrtict- Lakhisarai ... ... Petitioner/s

Versus

1.

The State Of Bihar and Anr Bihar 2.

Chunchun Devi Wife of Vikash Kumar , D/o Ram Lakhan Das R/o villageBarhaiya, Near Tar Mahila College, P.S- Barhaiya, District- Lakhisarai, at Present residing at village- Bhaluana, P.S- Chandradeep, District- Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prakash Mahto For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case in which cognizance has been taken under sections 323, 498A of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.11.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has

Patna High Court CR. MISC. No.9515 of 2019(3) dt.08-04-2019 2/2 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. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jamui in connection with Complaint Case No. 710C/2015.

(Sudhir Singh, J) Pankaj/- U T