Devendra Pathak v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38253 of 2018 Arising Out of PS. Case No.-44 Year-2018 Thana- PANDAUL District- Madhubani ====================================================== Devendra Pathak son of Kedar Pathak, resident of Village- Navahath, P.S.- Pandaul, District- Madhubani.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Ruchi Kumari daughter of Arun Kumar Jha, wife of Devendra Pathak, resident of Village- Basauli, P.S. Rahika, District- Madhubani, at present resident of Village- Navahath, P.S.- Pandaul, District- Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Jha For the Opposite Party/s :

Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2018 Counsel for the petitioner is permitted to make necessary correction in paragraph 3 of the application in course of the day.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 498A and 494 of the Indian Penal Code and Sections 3⁄4 of the 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

Patna High Court Cr.Misc. No.38253 of 2018(2) dt.10-07-2018 2/2 the petitioner is in custody since 7.4.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Chargesheet has been submitted in the present case. 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, Madhubani in connection with Pandaul P.S. Case No. 44 of 2018 (CRI. No. 445/2018). (Sudhir Singh, J) Pankaj/- U T