Bijay Mandal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40452 of 2017 Arising Out of PS.Case No. -14 Year- 2015 Thana -MAHILA P.S. District- BHAGALPUR ======================================================

1. Bijay Mandal, S/o Mohan Mandal, Resident of Village- Chhoti Alalpur, P.S.- Parbatta, District- Bhagalpur.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Rubi Devi, D/o Hira Mandal, W/o Vijay Mandal, Resident of VillagePhulkiya, P.S.- Ghogha, District- Bhagalpur. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Yadav For the Opposite Party/s : Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-08-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner seeks bail in a case instituted under Sections 498(A), 494, 341, 323, 379, 504, 506/34 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 27.10.2016. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case

Patna High Court Cr.Misc. No.40452 of 2017 (2) dt.25-08-2017 2/2 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 F.I.R.

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., Naugachia, Bhagalpur, in connection with Naugachia (Mahila) P.S. Case No. 14 of 2015 (G.R. No. 244 of 2015). (Sudhir Singh, J) Amit/- U T