Patna High CourtCR. MISC./3128/2018bail granted

Dharam Nath Choudhary v. The State Of Bihar

2018-01-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3128 of 2018 Arising Out of PS. Case No.-398 Year-2017 Thana- JAYNAGAR District- Madhubani ====================================================== Dharam Nath Choudhary, Son of Ram Nandan Choudhary, R/o Vill- Jay Nagar, Thana Tola, P.S.- Jay Nagar, Dist- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Manish Kumar No 13 For the Opposite Party/s :

Mr. VINOD SHANKAR MODI ====================================================== 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, 494, 495 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 23.11.2017 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. 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 Haque Ansari & Ors. Vs. The State of Bihar,

Patna High Court Cr.Misc. No.3128 of 2018(2) dt.18-01-2018 2/2 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 S.D.J.M., Madhubani in connection with Jay Nagar P.S. case No.398 of 2017 corresponding to G.R. No.2207 of 2017.

(Sudhir Singh, J) Narendra/- U T