Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41892 of 2018 Arising Out of PS. Case No.-34 Year-2016 Thana- MAHILA P.S. District- Patna ====================================================== Avinash Kumar S/o Sri Ram Babu Singh resident of Village- Sirapatpur, P.S. Fatuha, District Patna. At present- Mohalla- Bahadurpur Housing Colony, Near Maxwell Hospital, Bhootnath Road, P.S. Agamkuan, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashwani Kumar Sinha For the Opposite Party/s :

Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 323, 498(A), 469/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. 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 6.4.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Chargesheet has been submitted in the present case. The petitioner has falsely been implicated in the present case due to petty family

Patna High Court Cr.Misc. No.41892 of 2018(2) dt.17-07-2018 2/2 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 Judicial Magistrate, 1st Class, Patna in connection with Patna (Mahila) P.S. Case No. 34/2016.

(Sudhir Singh, J) Pankaj/- U T