Bhola Vishwakarma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23485 of 2017 Arising Out of PS.Case No. -71 Year- 2015 Thana -MAHILA PS District- JAMUI ====================================================== Bhola Vishwakarma, S/o Shyam Sundar Vishwakarma, R/o VillageBhandar, P.S.- Chanan, Dist- Lakhisarai. .... .... Petitioner

Versus

1. The State of Bihar.

2. Guria Devi, W/o Bhola Vishwakarma, D/o Ramdhani Mistry, R/o Village- Bhandar, P.S.- Chanan, Dist- Lakhisarai. at present R/o Village- Mahisaurhi, P.S.+District- Jamui.

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

For the Petitioner : Mr. Arun Kumar, Advocate For the Opposite Parties : Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 30.03.2017 in connection with Jamui Mahila P.S. Case No. 71 of 2015 for the offences instituted under Sections 498(A), 384, 379, 504 of the IPC and 3⁄4 of the D.P. Act.

The basic accusation is of torture for non-fulfilment of the dowry demand. It is also alleged that earlier also through agreement the matter was resolved but at the instance of the brother of the petitioner forcibly took thumb impression of the informant on the plain paper and the petitioner deserted her. It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.23485 of 2017 (2) dt.24-05-2017 2/2 petitioner is in custody since 30.03.2017. There is no allegation of tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. The petitioner is ready to keep the informant as a wife with full dignity and respect. Learned counsel for the petitioner has further relied upon a judgment in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R. and he is the husband of the informant.

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 S.D.J.M. Jamui, in connection with Jamui Mahila P.S. Case No. 71/2015. (Sudhir Singh, J) U.K./- U T