Patna High CourtCR. MISC./44514/2018bail granted

Pushpendra Kumar @ Puspender Kumar @ Pushpendra Kumar Pandey v. State Of Bihar And ANR

2018-07-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44514 of 2018 Arising Out of PS.Case No. -747 Year- 2014 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ====================================================== Pushpendra Kumar @ Puspender Kumar @ Pushpendra Kumar Pandey .... .... Petitioner

Versus

The State of Bihar & Anr .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections-147, 149, 323, 498A, 406, 504, 506 of the Indian Penal Code but cognizance has been taken under Sections-498A, 406 of the Indian Penal Code only.

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 01-05-2018 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. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this

Patna High Court Cr.Misc. No.44514 of 2018 (2) dt.24-07-2018 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 Sub Divisional Judicial Magistrate, Siwan in connection with Complaint Case No. 747 of 2014.

(Sudhir Singh, J) A.K.V./- U T