Pashupati Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34967 of 2015 Arising out of PS.Case No. -221 Year- 2012 Thana -NAUBATPUR District- PATNA ====================================================== Pashupati Upadhyay, son of Sri Vishwanath Upadhyay, resident of village Faridpura, P.S. Naubatpur, Distt. Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Manoj Kumar Singh, Advocate. For the Opposite Party : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2015 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is languishing in custody since 25.06.2015 in connection with Naubatpur P.S. Case No. 221 of 2012 for the offences instituted under Sections 498(A), 364/34 of the IPC and 3⁄4 of the D. P. Act.

The accusation is of demand of dowry by the accused persons from the daughter of the informant. The informant also raised suspicion that the accused persons have confined his daughter and committed murder.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 25.06.2015 and the charge sheet has been submitted

Patna High Court Cr.Misc. No.34967 of 2015 (4) dt.05-10-2015 2/2 in the case. There is no allegation of tampering with the evidence. From perusal of paragraph nos. 65 and 70 of the case diary, it is apparent that numbers of witnesses have stated that a false case was instituted against the petitioner and the wife of the petitioner is in custody of her father.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Danapur, Patna, in connection with Naubatpur P.S. Case No. 221/2012.

U.K./- (Sudhir Singh, J) U T