Patna High CourtCR. MISC./59233/2017bail granted

Binod Prasad v. State Of Bihar And ANR

2017-12-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59233 of 2017 Arising Out of PS. Case No.-27 Year-2017 Thana- BARACHATTI District- Gaya ====================================================== Binod Prasad Son of Bishnu Mahto Resident of village- Ramgiriya, P.S.- Mohanpur, District- Gaya ... ... Petitioner/s

Versus

1. The State of Bihar

2. Sushma Kumari Wife of Bipin Kumar, daughter of devlal Prasad Resident of village- Mushehara, P.S.- Barachatti, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Singh, Adv.

For the Opposite Party/s :

Mr. KANHAIYA KISHORE, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 498A, 323, 354B, 506, 370/34 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-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.8.2017 and 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. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari

Patna High Court Cr.Misc. No.59233 of 2017(2) dt.08-12-2017 2/2 @ 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 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 S.D.J.M., Sherghati, Gaya in connection with Barachatti (Mohanpur) P.S. case No.27 of 2017.

(Sudhir Singh, J) Narendra/- U T