Chanchal Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36257 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -SIMRA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Chanchal Sah son of Mohan Sah resident of Villae Mahuar, P.S. Semara, District West Champaran.

.... .... Petitioner

Versus

1. The State of Bihar

2. Neebha Devi wife of Chanchal Sah, daughter of Shyam at present resident of Village Mahuar Police Station Semara, District West Champaran.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Milind Kumar Mishra For the Opposite Party/s : Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 341, 342, 323, 498A, 504, 506/34 of the Indian Penal Code and 3⁄4 of D.P. Act.

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 is in custody since 30.04.2017. The charge sheet has been submitted in the present case. The petitioner has got no

Patna High Court Cr.Misc. No.36257 of 2017 (2) dt.10-08-2017 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182. 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 A.C.J.M., Bagaha, West Champaran, in connection with Semara P.S. case No.41 of 2017.

(Sudhir Singh, J) Amit/- U T