Kanahiya Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15452 of 2020 Arising Out of PS. Case No.-597 Year-2018 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== KANAHIYA KUMAR JAISWAL Son of Ramji Prasad Choudhary Resident of Village - Ashogi, Ward No. 4, P.S.- Bairganiya, District - Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ruma Kumari @ Radha Devi Daughter of Sri Upendra Prasad Resident of Village - Garura, P.S.- Garura, District - Rohtak (Nepal) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-03-2020 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 498A and 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 18.7.2019 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

Patna High Court CR. MISC. No.15452 of 2020(2) dt.03-03-2020 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 learned S.D.J.M., Sadar, Sitamarhi in connection with Complaint Case No. C1-597 of 2018.

(Sudhir Singh, J) Pankaj/- U T