Ishwar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10630 of 2019 Arising Out of PS. Case No.-10 Year-2017 Thana- MAHILA THANA District- Begusarai ====================================================== ISHWAR SAH son of Arjun Sah R/o village- Ninga West Tola, P.S- Barauni, Dist.- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shree Niwas Singh, Adv.

For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 08.11.2018 in a case registered for the offence punishable under Sections 498, 323, 341 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

The prosecution case got initiated on the basis of written report dated 09.05.2017 submitted by Puja Kumari to the Station House Officer, Begusarai Mahila Police Station is to the effect that the informant was married with the petitioner on 22.04.2016. But subsequent to the marriage, there was further dowry demand of Rupees Three Lac cash and due to

Patna High Court Cr.Misc. No.10630 of 2019(2) dt.22-02-2019 2/3 non-fulfillment of the same, the informant was not only subjected to torture but she was also assaulted by the petitioner and other in-laws family members. It is further alleged that on 06.05.2017, the informant was brutally assaulted and after snatching her all belongings, she was driven out from the matrimonial house.

It is submitted by learned counsel for the petitioner that there is no proof with regard to dowry demand and it appears unreasonable that about one year of marriage, the present case has been lodged. It is further submitted that the investigation has already been concluded and a statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the thrust of accusation is against the petitioner, being the husband of the informant.

Considering the nature of accusation and the investigation being concluded, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.10630 of 2019(2) dt.22-02-2019 3/3 satisfaction of learned SDJM, Begusarai, in connection with Begusarai Mahila P.S. Case No. 10 of 2017.

(Dinesh Kumar Singh, J) Ashwini/- U T