Jitendra Prasad @ Jitnedra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9414 of 2018 Arising Out of PS. Case No.-288 Year-2017 Thana- PIPRA District- East Champaran ====================================================== Jitendra Prasad @ Jitnedra Kumar S/o Basdev Bhagat Resident of VillageBharthihiya, P.S.- Pipra, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashhar Mustafa For the Opposite Party/s :
Mr. SRI BRAJ KISHORE PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case registered under Sections 341, 323, 498A, 504, 506/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act and 3(A)(B) of Protection of Women from Domestic Violence Act.
Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.11.2017. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The case is triable by the Magistrate. The victim is in habit of instituting cases for similar allegation and for similar offence against the petitioner
Patna High Court Cr.Misc. No.9414 of 2018(2) dt.20-02-2018 2/2 and his family members. The petitioner has 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 State and learned counsel for the informant, it is submitted that the petitioner is named in the complaint case/F.I.R.
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 learned C.J.M., Motihari in connection with Pipra P.S. case No.288 of 2017. (Sudhir Singh, J) Narendra/- U T