Patna High CourtCR. MISC./44525/2018bail granted

Shashi Kumar v. The State Of Bihar

2018-07-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44525 of 2018 Arising Out of PS.Case No. -136 Year- 2018 Thana -HILSA District- NALANDA (BIHARSHARIFF) ====================================================== Shashi Kumar, S/o Mahesh Yadav, Resident of Village-Damodar Sarai, Manpur, P.S. Hilsa, District-Nalanda .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Ajay Kumar Thakur, Adv. Mr. Shashank Shekhar Ms. Swati Sinha For the Opposite Party/s : Mr. Chandra Bhushan Prasad ====================================================== 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-341, 323, 307, 354(B), 498A of the Indian Penal Code. 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 18-04-2018 and 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. On earlier occasion also, the informant got instituted a case for similar offence. Except offence u/S 307 of the Indian Penal Code, rest of the offences are triable by the Magistrate. The

Patna High Court Cr.Misc. No.44525 of 2018 (2) dt.24-07-2018 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 Additional Chief Judicial Magistrat-Ist, Hilsa, Nalanda in connection with Hilsa P.S. Case No. 136 of 2018.

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