Patna High CourtCR. MISC./53889/2017bail granted

Lalan Sah v. State Of Bihar And ANR

2017-11-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53889 of 2017 Arising Out of PS.Case No. -1501 Year- 2015 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Lalan Sah .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 147, 149, 323, 379, 504, 498A, 307 of the Indian Penal Code and 3⁄4 of D.P. Act but the cognizance has been taken under Section 498(A) of the Indian Penal Code.

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 18.09.2017. The petitioner 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 dispute,

Patna High Court Cr.Misc. No.53889 of 2017 (2) dt.09-11-2017 2/2 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/Complaint Case. 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 Sub Judge-5, Sitamarhi, in connection with Tr. No.362 of 2017, Complaint Case No.C1-1501 of 2015, arising out of Sahiyara P.S. Case No. 130 of 2014.

(Sudhir Singh, J) Amit/- U T