Kamlesh Pandit @ Gobru Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45727 of 2018 ====================================================== Kamlesh Pandit @ Gobru Pandit, S/o Late Adhiklal Pandit, R/o VillPothia, P.S.- Falka, Distt- Katihar. .... .... Petitioner

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections-341, 323, 498A, 307, 379, 504 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 19-06-2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. Except the offence u/S 307 of the Indian Penal Code, rest of the offences are triable by the Magistrate. The petitioner has relied upon the judgment of

Patna High Court Cr.Misc. No.45727 of 2018 (2) dt.27-07-2018 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 Shri Sunil Kumar-III, learned Additional Chief Judicial Magistrate-Vth, Katihar in connection with Falka (Pothia) P.S. Case No. 232 of 2018. (Sudhir Singh, J) A.K.V./- U T