Patna High CourtCR. MISC./51250/2018bail granted

Mukund Mandal v. State Of Bihar And ANR

2018-09-04Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51250 of 2018 Arising Out of PS. Case No.-1597 Year-2015 Thana- COMPLAINT CASE District- Banka ====================================================== Mukund Mandal Son of Narsingh Mandal Resident of Village- Goura Batsar, P.S. Dhoraiya, District:Banka.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sarswati Devi Wife of Mukund Mandal of Village- Goura, Batsar, P.S. Dhoraiya, District: Banka, At Present Village: Chilkawar, Dumariya, P.O. Chilkawar, P.S. Rajoun Via: Rajaun, District; Banka. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subodh Chandra Jha For the Opposite Party/s :

Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 498A of the Indian Penal Code and Section 4 of the 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 26.6.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has

Patna High Court Cr.Misc. No.51250 of 2018(2) dt.04-09-2018 2/2 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 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 F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that 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 S.D.J.M., Banka in connection with Complaint Case No. C-1597 of 2015.

(Sudhir Singh, J) Pankaj/- U T