Patna High CourtCR. MISC./31176/2018bail granted

Ashok Kumar Mehta v. The State Of Bihar

2018-06-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31176 of 2018 Arising Out of PS.Case No. -286 Year- 2017 Thana -MURLIGANJ District- MADHEPURA ======================================================

1. Ashok Kumar Mehta Son of Sri Ramchandra Mehta Resident of Village - Haripur, Tinkonma, P.S. - Murliganj, District - Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bam Bahadur Jha For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 324, 498A & 325 of the Indian Penal Code. Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26-09-2017. There is no allegation of tampering of witnesses against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. On earlier occasion also the victim and her family members had instituted a case for similar offence. The charge-sheet has been submitted in this case.

Patna High Court Cr.Misc. No.31176 of 2018 (3) dt.19-06-2018 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/F.I.R.

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 learned Chief Judicial Magistrate, Madhepura in connection with Murliganj P.S. Case No. 286 of 2017.

(Sudhir Singh, J) A.K.V./- U T