Patna High CourtCR. MISC./43347/2017bail granted

Amit Kumar @ Rinku v. State Of Bihar And ANR

2017-09-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43347 of 2017 Arising Out of PS.Case No. -1340 Year- 2015 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================

1. Amit Kumar @ Rinku, Son of Ashok Kumar @ Ashok Prasad Gupta, Resident of Village-Alipur, P.S.-Buniyadganj, District-gaya .... .... Petitioner

Versus

1. The State of Bihar

2. Rakhi Devi W/o Amit Kumar @ Rinku, D/o-Binod Prasad, R/o VillageAlipur, P.S.-Buniyadganj, District-Gaya at Present Address Village Sarbahda, P.S.-Khijersarai, Distt.-Gaya.

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 323, 341, 504, 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 06.07.2017. 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.43347 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 C.J.M., Gaya in connection with Complaint case No.1340 of 2015. (Sudhir Singh, J) Amit/- U T