Patna High CourtCR. MISC./49724/2018bail granted

Vinod Kumar Pandey v. State Of Bihar And ANR

2018-08-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49724 of 2018 Arising Out of PS. Case No.-20 Year-2018 Thana- MAHILA P.S. District- Rohtas ====================================================== Vinod Kumar Pandey son of Parshuram Pandey Resident of Village - Sidhabandh, P.S. - Itadhi, District - Buxar.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sunita Pandey Daughter of Chandradeep Chaubey Resident of Mohalla - Gaurakshani Gajrarh, Ward No. 04, P.S. - Sasaram (Model), District - Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Singh For the Opposite Party/s :

Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner seeks bail in a case registered under Sections 498A, 307 of the Indian Penal Code.

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 18.05.2018 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 due to petty family dispute. Except for offence under Section 307 I.P.C, rest of the

Patna High Court Cr.Misc. No.49724 of 2018(2) dt.16-08-2018 2/2 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 and learned counsel for the opposite party No.2, 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 Sri Shailendra Kumar Sharma, learned A.C.J.M., Sasaram, District Rohtas in connection with Mahila P.S. case No.20 of 2018. (Sudhir Singh, J) Narendra/- U T