Naresh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23704 of 2018 Arising Out of PS. Case No.-397 Year-2017 Thana- KHAIRA District- Jamui ====================================================== Naresh Ram, son of Late Daya Ram, resident of Village- Gopalpur, P.S. Khaira, District- Jamui.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha For the Opposite Party/s :

Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 324, 307, 498A, 506/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

Allegation against the petitioner is of committing torture and assault 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 8.3.2018. There is no allegation of tampering of witnesses alleged against the petitioner. The victim is in the habit of instituting cases against the petitioner and his family members for similar offences. The petitioner is

Patna High Court Cr.Misc. No.23704 of 2018(2) dt.24-04-2018 2/2 bhainsur of the victim. He has falsely been implicated in the present case due to petty family dispute. There is no medical report of the victim to support the allegations for constituting offence under Section 307 IPC. Rest of the offences are 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, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that 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 Chief Judicial Magistrate, Jamui in connection with Khaira P.S. Case No. 397 of 2017.

(Sudhir Singh, J) Pankaj/- U T