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Patna High CourtCR. MISC./2467/2018bail granted

Ramesh Sah v. The State Of Bihar

2018-01-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2467 of 2018 Arising Out of PS. Case No.-93 Year-2017 Thana- PATAHI District- East Champaran ====================================================== Ramesh Sah, son of Late Dhanraj Sah, resident of Village- Devapur, P.S.- Patahi (Pachpakari), District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar @ Sonu Babu, Advocate For the Opposite Party/s :

Mr. IFTEKHAR MAHMOOD, APP ====================================================== 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, 342, 494, 308/34 of the Indian Penal Code. 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 13.09.2017 and has got no criminal antecedent. Charge sheet has been submitted in this case. 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. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul

Patna High Court Cr.Misc. No.2467 of 2018(2) dt.18-01-2018 2/2 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 learned 8th Additional Chief Judicial Magistrate, Motihari, East Champaran in connection with Patahi (Pachpakari) P.S. case No.93 of 2017. (Sudhir Singh, J) Narendra/- U T