Patna High CourtCR. MISC./58799/2017bail granted

Gandhi Mahto v. State Of Bihar And ANR

2017-12-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58799 of 2017 Arising Out of PS. Case No.-1835 Year-2015 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Gandhi Mahto Son of Ramajee Mahto Resident of village- Chochahi, P.S.- Mirganj, District- Gopalganj ... ... Petitioner/s

Versus

1. The State of Bihar

2. Anita Devi W/o Gandhi Mahto, D/o Shankar Mahto Resident of villageManichapar, P.S.- Hathua, District- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhramveer, Adv.

For the State :

Smt. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 498A, 406, 323 and 341 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 7.8.2017 and has got no criminal antecedent. There is no allegation of tampering of 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 Magistrate. The petitioner has relied upon

Patna High Court Cr.Misc. No.58799 of 2017(2) dt.08-12-2017 2/2 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 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 A.C.J.M. VIII, Gopalganj in connection with Complaint case No.1835 of 2015 (Tr. No.2061 of 2017).

(Sudhir Singh, J) Narendra/- U T