Patna High CourtCR. MISC./50717/2017bail granted

Jitendra Kumar Gupta @ Jitendra Kumar @ Jittu v. State Of Bihar And ANR

2017-10-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50717 of 2017 Arising Out of PS.Case No. -1243 Year- 2014 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Jitendra Kumar Gupta @ Jitendra Kumar @ Jittu, S/O Krishna Prasad, R/M- Barkattha, P.S.-Barkattha, District-Hazaribagh (Jharkhand). .... .... Petitioner

Versus

1. The State of Bihar.

2. Moni Devi, W/O Jitendra Kumar Gupta @ Jitendra Kumar @ Jittu, R/M- Tikari Road, Dalhatta Lane, P.S. Kotwali, District-Gaya. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Abhay Kumar Thakur, Advocate. For the State : Mr. Sri Rajendra Nath Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 24.08.2017 in a case for the offence registered under Sections 498(A) of the IPC and 3⁄4 of the D. P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the

Patna High Court Cr.Misc. No.50717 of 2017 (2) dt.17-10-2017 2/2 Magistrate. 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 counsels 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 S.D.J.M. Gaya, in connection with Complaint Case No. 1243/2014, Trial No. 1894/2017.

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