Mahavir Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51626 of 2017 Arising Out of PS.Case No. -40 Year- 1999 Thana -KHUSRUPUR District- PATNA ======================================================

1. Mahavir Chaurasiya S/o Shiv Narayan Chaurasiya, R/o VillageBanauliya, P.S.- Biharsharif, District- Nalanda. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 498(A), 494, 307/34 of the Indian Penal Code. The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has surrendered in the court below on 23.06.2017. Earlier he was granted bail but the same was cancelled due to misuse of privilege of bail as he could not make proper pairvi before the court below on the date fixed by the court below. It is further submitted that the petitioner had gone outside the state for

Patna High Court Cr.Misc. No.51626 of 2017 (2) dt.09-11-2017 2/2 his livelihood hence he had no knowledge regarding the cancellation of his bail. When the petitioner learnt about the cancellation of his bail, he immediately surrendered in the court below and since then he is in custody. It is submitted that the wife of the petitioner has already performed the second marriage. On behalf of the state, it has been 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 bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Patna City, Patna, in connection with S.T. No.272(A)/2000, arising out of Khusrupur P.S. Case No.40/1999. (Sudhir Singh, J) Amit/- U T