Patna High CourtCR. MISC./7460/2018bail granted

Sunil Kumar Mahto v. State Of Bihar And ANR

2018-02-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7460 of 2018 Arising Out of PS. Case No.-607 Year-2016 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Sunil Kumar Mahto, son of Bhola Mahto, resident of Mohalla- Hashanchak, Ward No. 11, Darbhanga, P.S. Nagar Thana, Darbhanga. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Chanda Kumari, Daughter of Jogendra Mahto, resident of Mohalla- Court Bazar, Ward No. 15, Sitamarhi, P.S.- Sitamarhi, District- Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Upadhyay For the Opposite Party/s :

SMT. ANITA KUMARI ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-02-2018 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 03.11.2017 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

Patna High Court Cr.Misc. No.7460 of 2018(2) dt.07-02-2018 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 and learned counsel for the opposite party No.2, 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 Sub Divisional Judicial Magistrate, Sitamarhi in connection with Complaint case No.607C of 2016.

(Sudhir Singh, J) Narendra/- U T