Santosh Chaudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1524 of 2018 Arising Out of PS.Case No. -108 Year- 2016 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ======================================================

1. Santosh Chaudhary, S/o Srichand Chaudhary, Resident of VillagePedaka, P.S. Asthawan, District- Nalana. .... .... Petitioner

Versus

1. The State of Bihar.

2. Soni Kumari @ Puja Kumari, W/o Santosh Chaudhary, D/o Late Sanjay Chaudhary, Resident of Village- Ikbalganj, P.S. Rahui, Dist.- Nalanda. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Anang Mohan Sinha For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 498(A), 307, 120(B) of the Indian Penal Code and 3⁄4 of D.P. Act.

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 09.10.2017. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.1524 of 2018 (2) dt.19-01-2018 2/2 witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. As per medical examination report no external or internal injury was found on the body of the victim, hence no offence under Section 307 of the Indian Penal Code is made out against the petitioner. 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 F.I.R.

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 S.D.J.M., Nalanda at Biharsharif, in connection with Nalanda Mahila P.S. case No.108 of 2016.

(Sudhir Singh, J) Amit/- U T