Umesh Pandit v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34954 of 2018 Arising Out of PS. Case No.-143 Year-2017 Thana- GOGRI District- Khagaria ====================================================== Umesh Pandit, son of Jhakendra Pandit, r/o- village Usri Naya Tola, P.s.- Gogri, District- Khagaria.

... ... Petitioner/s

Versus

1. The State Of Bihar

2. Manisha Devi, wife of Umesh Pandit, d/o- Bucho Pandit, r/o- village Bandera, P.S.- Pasraha, district- Khagaria.

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal For the Opposite Party/s :

Mr. Rajendra Prasad Nat ====================================================== 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 instituted for the offences under Section 498A of the Indian Penal Code and Section 3 of Protection of Women from Domestic Violation Act. Allegation against the petitioner is of committing torture and assault 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 22.4.2018. There is no allegation of tampering of witnesses alleged against the petitioner. On the earlier occasion also, the victim and her family members have instituted cases for similar offence against

Patna High Court Cr.Misc. No.34954 of 2018(2) dt.19-06-2018 2/2 the petitioner and his family members. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. 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 F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that 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, Khagaria in connection with Gogri P.S. Case No. 143 of 2017.

(Sudhir Singh, J) Pankaj/- U T