Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43532 of 2017 Arising Out of PS. Case No.-243 Year-2016 Thana- BIHTA District- Patna ====================================================== Sudhir Kumar S/o Mithilesh Kumar Singh resident of Village- Sikandarpur, P.S. Bihta, District Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Patanjali Rishi, Advocate For the State :

Mr. Ram Sumiran Roy, APP For the Informant : Mr. Rakesh Kr. Shrivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2017 In the light of the supplementary affidavit filed on behalf of the petitioner, the counsel for the petitioner is permitted to make necessary correction in para 3 of the petitioner in course of the day.

Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case registered under Section 498A, 323, 307, 314, 315 of the Indian Penal Code and 3 and 4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.06.2017 and he has got no

Patna High Court Cr.Misc. No.43532 of 2017(2) dt.18-09-2017 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 due to petty family dispute. 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 and learned counsel for the informant, it is 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 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Danapur, Patna in connection with Bihta P.S. case No.243 of 2016.

The petitioner shall co-operate during the trial. (Sudhir Singh, J) Narendra/- U T