Mantu Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41816 of 2018 Arising Out of PS.Case No. -188 Year- 2017 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ====================================================== Mantu Chauhan, Son of Indal Chauhan, resident of Village- Ram Nath Pur, Police Station- Sarmera, District- Nalanda. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2018 Counsel for the petitioner is permitted to make necessary correction in the prayer portion of the original petition in course of the day.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections-498A, 323, 341, 504, 506/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04-05-2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses

Patna High Court Cr.Misc. No.41816 of 2018 (2) dt.19-07-2018 alleged against the petitioner. Charge sheet has already been submitted in this case. 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 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/F.I.R.

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 learned Sub Divisional Judicial Magistrate Nalanda at Bihar Sharif in connection with Mahila Police Station Case No. 188 of 2017.

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