Harilal Sahani v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27872 of 2018 Arising Out of PS. Case No.-350 Year-2006 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Harilal Sahani son of Jadu Sahani Resident of Village - Rohua Maniyarpur Brit, Police Station - Rajepur, District - East Champaran. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Siya Devi wife of Harilal Sahani Resident of Village - Rohua Maniyarpur Brit, Police Station - Rajepur, District - East Champaran, Presently residing as Daughter of Mangar Sahani of village - Budhauliya Police Station - Madhuban, District - East Champaran.

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

For the Petitioner/s :

Mr. Sanjay Kumar No.-7 For the Opposite Party/s :

Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

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 3.4.2018 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

Patna High Court Cr.Misc. No.27872 of 2018(2) dt.07-05-2018 2/2 dispute. The case is 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 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 Miss Priti, learned Judicial Magistrate, 1st class, Sadar, Motihari, East Champaran in connection with Trial No.1033 of 2018 arising out of Complaint case No. C-350 of 2006.

(Sudhir Singh, J) Narendra/- U T