Sri Niraj Kumar @ Niraj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17484 of 2018 Arising Out of PS.Case No. -298 Year- 2017 Thana -PALIGANJ District- PATNA ====================================================== Sri Niraj Kumar @ Niraj Kumar, S/o Late Vijay Singh @ Vijay Verma, R/o Village- Masaurhi Kala, P.S.- Paliganj, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar.

2. Chanchala Devi, W/o Niraj Kumar, R/o Village- Arap, P.S.- Bikram, District- Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Bhaskar Shankar, Advocate. For the State : Mr. Sakir Ahmad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-03-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 24.11.2017 in a case for the offence registered under Sections 498(A), 341, 323, 307, 494 and 504/34 of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the

Patna High Court Cr.Misc. No.17484 of 2018 (2) dt.27-03-2018 2/2 petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. There is no medical examination report in support of offence under Section 307 of the IPC. Charge sheet has also not been submitted for offence under Section 307 of IPC. Rests of the offences are triable by the Magistrate. The petitioner has further 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 learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let 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 the learned S.D.J.M., Danapur, Patna, in connection with Paliganj P.S. Case No. 298 of 2017. U.K./- (Sudhir Singh, J) U T