Patna High CourtCR. MISC./43154/2017bail granted

Gopal Kumar Mahto v. State Of Bihar And ANR

2017-09-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43154 of 2017 Arising Out of PS.Case No. -1071 Year- 2013 Thana -MADHEPURA COMPALINT CASE District- MADHEPURA ======================================================

1. Gopal Kumar Mahto Son of Late Jageshwar Mahto, Resident of VillageUda, P.S.-Uda Kishunganj, District-Madhepura. .... .... Petitioner

Versus

1. The State of Bihar

2. Nirmala Devi Wife of Gopal kumar Mahto, Resident of Village-Uda, P.S.-uda Kishunganj, District-Madhepura .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner seeks bail instituted under Sections 323, 498(A) 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 is in custody since 19.06.2017. The petitioner 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. The case is triable by the

Patna High Court Cr.Misc. No.43154 of 2017 (2) dt.15-09-2017 2/2 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 Complaint Case.

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 S.D.J.M., Udakishanganj, Madhepura, in connection with complaint case No.1071-C of 2013.

(Sudhir Singh, J) Amit/- U T