Sukul Ram @ Shukhlal Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47116 of 2018 Arising Out of PS.Case No. -34 Year- 2012 Thana -MAHILA PS District- DARBHANGA ======================================================
1. Sukul Ram @ Shukhlal Ram Son of late Somnath Ram Resident of Village- Ganga Sagar Rudalganj, Police Station- Laheriasarai, DistrictDarbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections-498A, 324, 379, 307 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. Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application. The petitioner is in custody since 08-01-2014. He has remained in custody for four and a half years.
It has been submitted on behalf of the petitioner that the
Patna High Court Cr.Misc. No.47116 of 2018 (2) dt.02-08-2018 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses against the petitioner. Except under Section-307 of the Indian Penal Code, rest offences are 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 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 learned Ist Additional Sessions Judge, Darbhanga in connection with Mahila P.S. Case No. 34 of 2012 corresponding to Sessions Trial No. 227 of 2013. (Sudhir Singh, J) A.K.V./- U T