Ganesh Kumar v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7343 of 2019 Arising Out of PS. Case No.-18 Year-2018 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== GANESH KUMAR S/o Bhola Chaudhary R/o Shankarbag ( Pankaj Market), P.S- Town, District-Muzaffarpur.
... ... Petitioner
Versus
1.
The State of Bihar 2.
Anjali Devi D/o Lalbabu Choudhary R/o 44A, vediya Danga, 2nd lane, P.O.- Tilanjala,Town and Dist.- Kolkatta (West Bangal ) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kr Singh No.1 For the Opposite Party/s :
Mr.Anil 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 registered under Sections 323, 313, 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.
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 been allowed bail provisionally by order dated 0802-2019. The petitioner is in custody since 24-11-2018. The
Patna High Court CR. MISC. No.7343 of 2019(3) dt.08-04-2019 2/2 petitioner has falsely been implicated in the present case due to petty family dispute. Except the offence u/S 313 of the Indian Penal Code, rest of the offences are 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, the provisional bail granted to the petitioner by order dated 08-022019 is hereby confirmed. (Sudhir Singh, J) A.K.V.//- U T