Patna High CourtCR. MISC./41424/2018bail granted

Shyam Narayan Rai v. State Of Bihar And ANR

2018-07-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41424 of 2018 Arising Out of PS. Case No.-15 Year-2003 Thana- NARAINPUR District- Bhojpur ====================================================== Shyam Narayan Rai, Son of Late Dinanath Rai, Resident of Village- Banauli, P.S.- Narayanpur, District- Bhojpur.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sonamti Devi, Daughter of Late Awadh Bihari Pandey, Resident of VillageImadpur P.S.- Imadpur, District- Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harsh Anuj For the Opposite Party/s :

Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for O.P. No. 2. The petitioner seeks bail in a case instituted for the offences under Sections 498A, 494, 406/34 of the Indian Penal Code.

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 the petitioner is in custody since 30.05.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been

Patna High Court Cr.Misc. No.41424 of 2018(2) dt.18-07-2018 2/2 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, Bhojpur, Ara in connection with Narayanpur P.S. Case No. 15/2003.

(Sudhir Singh, J) Pankaj/- U