Patna High CourtCR. MISC./6863/2018bail granted

Manish Kumar v. State Of Bihar And ANR

2018-02-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6863 of 2018 Arising Out of PS. Case No.-164 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Manish Kumar, Son of Sri Sharma Yadav, Resident of Village- Udarchak, Police Station- Bikram in the District of Patna, Presently residing at VillageTolu Tola, Police Station- Naubatpur, District- Patna. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Anjali Kumari, Wife of Sri Manish Kumar and Daughter of Late Lalji Prasad Yadav, Resident of Village- Shrirampur Tola, Police Station- Bihta in the district of Patna.

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

For the Petitioner/s :

Mr. Prabhu Narayan Sharma For the Opposite Party/s :

Mr. NARSINGH TANTI ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-02-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner seeks bail in a case registered under Section 498A 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 15.12.2017 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

Patna High Court Cr.Misc. No.6863 of 2018(2) dt.06-02-2018 2/2 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 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 Addl. Chief Judicial Magistrate, Danapur in connection with Complaint case No.164C of 2017.

(Sudhir Singh, J) Narendra/- U T