Patna High CourtCR. MISC./34461/2017bail granted

Tarkeshwar Sah v. State Of Bihar And ANR

2017-08-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34461 of 2017 Arising Out of PS.Case No. -1846 Year- 2012 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Tarkeshwar Sah, S/o Chandeshwar Sah, Resident of Village-Sawana P.S.-Goriakothi, District-Siwan.

.... .... Petitioner

Versus

1. The State of Bihar

2. Suman Devi, W/o Tarkeshwar Sah, D/o Gopal sah Resident of VillageSawana, P.S. Goriakothi, District-Siwan. Presently residing at VillageNehari, P.S.-Sidhwalia, District-Gopalanj .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Pratap Singh For the Opposite Party/s : Mr. Pranav Kumar ====================================================== 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 498A, 406, 323, 384 of the Indian Penal Code and Section 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 04.04.2017. The charge sheet has been submitted in the present case. The petitioner has got no

Patna High Court Cr.Misc. No.34461 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 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., Gopalganj, in connection with Complaint Case No.1846 of 2012, Tr. No.985 of 2017.

(Sudhir Singh, J) Amit/- U T