Patna High CourtCR. MISC./38772/2018bail granted

Narendra Singh v. The State Of Bihar

2018-07-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38772 of 2018 Arising Out of PS.Case No. -698 Year- 2017 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Narendra Singh, S/o Raj Kishor Singh, R/o Vill.- Kauriram, P.S.- Mohania, District Kaimur at Bhabua.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Tribhuwan Narayan, Advocate. For the Opposite Party : Smt. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 16.12.2017 in a case for the offence registered under Sections 498(A) of the IPC and Sections 25(1-b) A and 26 of the Arms Act. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has been made accused in the present case due to mistake of fact. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The case is triable by the

Patna High Court Cr.Misc. No.38772 of 2018 (2) dt.06-07-2018 2/2 Magistrate. The petitioner has already remained in custody for more than six months. The petitioner has further 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 learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

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 the learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Mohania P.S. Case No.698 of 2017, G.R. No. 2926 of 2017.

U.K./- (Sudhir Singh, J) U T