Bablu Goswami @ Bablu Kumar Goswami v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3586 of 2018 Arising Out of PS. Case No.-113 Year-2017 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Bablu Goswami @ Bablu Kumar Goswami son of late Likku Goswami, resident of village Bandi, P.O. Maniyara, P.S. Nimchak Bathani, District Gaya ... ... Petitioner/s
Versus
1. The State Of Bihar
2. Bharati Kumari wife of Bablu Goswami, D/o Dilip Goswami, resident of village Maula Nagar, P.S. Atari, District Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Singh For the Opposite Party/s :
Mr. HUMAYOU AHMAD KHAN ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-01-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 498A, 323, 324, 307 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.
Allegation against the petitioner is of committing torture and assault 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 21.10.2017 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. There
Patna High Court Cr.Misc. No.3586 of 2018(2) dt.18-01-2018 2/2 is no medical examination report to support the allegations for constituting an offence under Section 307 of the I.P.C. 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, it is 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 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. Xth, Gaya in connection with Nimchak Bathani P.S. case No.113 of 2017. (Sudhir Singh, J) Narendra/- U T