Raj Kumar @ Raj Kumar Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16159 of 2018 Arising Out of PS.Case No. -408 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Raj Kumar @ Raj Kumar Mahto, Son of Sanjay Mahto, Resident of Mohalla- Tripolia Pathari Ghat Chauraha, P.O.- Gulzarbagh, Police StationAlamganj, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar.

2. Chadani Kumari, Wife of Raj Kumar Mahto, Resident of MohallaTripolia Pathari Ghat Chauraha, P.O.- Gulzarbagh, Police StationAlamganj, District- Patna. at present resident of Village- Agwanpur, Police Station- Barh, District- Patna.

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

For the Petitioner : Mr. Gajendra Kumar Singh, Advocate. For the State : Mr. Ashok Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-03-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 17.11.2017 in a case for the offence registered under Sections 498(A), 323 of the IPC and 3⁄4 of the D.P. Act. 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.

Patna High Court Cr.Misc. No.16159 of 2018 (2) dt.21-03-2018 2/2 There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is 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., Barh, Patna, in connection with Complaint Case No. 408 (C) of 2016. U.K./- (Sudhir Singh, J) U T