Anshik Mahto @ Anshik Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53857 of 2017 Arising Out of PS.Case No. -16 Year- 2015 Thana -MAHILA PS DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Anshik Mahto @ Anshik Mahto .... .... Petitioner

Versus

State of Bihar & Anr .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2017 Learned counsel for the petitioner is permitted to make necessary correction in para-15 of the petition, in course of the day.

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

The petitioner seeks bail in a case instituted under Sections 341, 323, 406, 379, 498A/34 of the Indian Penal Code and 3⁄4 of D.P. Act.

The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.06.2017. The petitioner has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.53857 of 2017 (2) dt.09-11-2017 2/2 witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sadar at Motihari, in connection with Mahila P.S. case No.16 of 2015, G.R. No. 450 of 2015.

(Sudhir Singh, J) Amit/- U T