Santosh Kumar Madhesia v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40493 of 2017 Arising Out of PS.Case No. -607 Year- 2014 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Santosh Kumar Madhesia S/o Ram Das Madhesia, Resident of VillagePurani Nautanawan, P.S.- Nautanawan, District- Maharajganj (U.P.). .... .... Petitioner

Versus

1. The State of Bihar.

2. Sheela Devi @ Sneha Devi, W/o Santosh Kumar Madhesia, Resident of Village- Purani Nautanawan, P.S.- Nautanawan, District- Maharajganj (U.P.), presently residing with her father Hari Prasad at Village- Harkhauli, P.S.- Mirganj, District- Gopalganj.

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

For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. Mustaque Alam Mr. Ajay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-08-2017 Heard learned counsel for the petitioner, learned counsel for the Complainant and learned counsel appearing on behalf of the State.

The petitioner seeks bail in a case instituted under Sections 498A, 406 of the Indian Penal Code and 3⁄4 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 23.05.2017. The petitioner has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.40493 of 2017 (2) dt.25-08-2017 2/2 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 and the counsel for the Complainant, 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 C.J.M., Gopalganj, in connection with Complaint Case No. 607 of 2014. (Sudhir Singh, J) Amit/- U T