Patna High CourtCR. MISC./62944/2017bail granted

Sunil Prasad v. State Of Bihar And ANR

2018-01-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62944 of 2017 Arising Out of PS. Case No.-120 Year-2017 Thana- JALALPUR District- Saran ====================================================== Sunil Prasad Son of Bharat Prasad Resident of Mohalla- Chhitauli Kala, Chaklapal, Police Station- Goriakothi, District- Siwan. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sandhya Devi W/o Sunil Prasad , D/o Jawahar Lal Singh At Present R/o Mohalla- Bhatkeshari, P.S. Jalalpur, District- Saran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Bijay Prakash Singh, Advocate For the State :

Mr. CHAUBEY JAWAHR, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-01-2018 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, 379/34 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 20.11.2017. Charge sheet has been submitted in this case. 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. The case is triable by the Magistrate. The petitioner has

Patna High Court Cr.Misc. No.62944 of 2017(2) dt.18-01-2018 2/2 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 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 9th Additional Chief Judicial Magistrate, Saran in connection with Jalalpur P.S. case No.120 of 2017.

(Sudhir Singh, J) Narendra/- U T