Patna High CourtCR. MISC./61139/2017bail granted

Shambhu Das v. State Of Bihar And ANR

2017-12-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61139 of 2017 Arising Out of PS.Case No. -537 Year- 2013 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Shambhu Das, S/O Ram Tahal Das, R/V- Manjhauliya Bankat, P.S. Mohanpur, District-Gaya.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Sobha Devi, W/O Shambhu Das, D/O Dhanno Das, R/V- Manjhauliya Bankat, P.S. Mohanpur, District-Gaya. At present- R/V- Singhpur, P.O. Khadpur, P.S. Champaran, District-Hazaribagh (Jharkhand). .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Mahtab Alam, Advocate. For the State : Mr. Kumar Virendra Narayan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 11.10.2017 in a case for the offence registered under Sections 498(A), 494, 323, 379 and 406/34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present

Patna High Court Cr.Misc. No.61139 of 2017 (2) dt.14-12-2017 2/2 case due to petty family dispute. The case is triable by the Magistrate. The petitioner has further 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 learned counsel for 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 bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Sherghati, Gaya, in connection with Gaya Complaint Case No. 537 of 2013.

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