Patna High CourtCR. MISC./59021/2017bail granted

Basuki Mandal v. State Of Bihar And ANR

2017-12-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59021 of 2017 Arising Out of PS. Case No.-613 Year-2016 Thana- COMPLAINT CASE District- Banka ====================================================== Basuki Mandal Son of Ghanshyam Mandal Resident of VillageMaheshachanda (Maisachanda), P.S. Rajoun, District Banka. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Punam Devi Wife of Basuki Mandal, Daughter of Anirudh Mandal Resident of Village- Maisachand, P.S. Rajoun, District Banka, At Present resident of Village- Goradih, P.S. Rajoun, District Banka. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Nandad Prasad, Adv.

For the Opposite Party/s :

Mr. ASHOK KUMAR SINGH 1, 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, 506/34 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 13.6.2017 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 due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon

Patna High Court Cr.Misc. No.59021 of 2017(2) dt.08-12-2017 2/2 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 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 Shri Roshan Kumar, Judicial Magistrate, 1st class, Banka in connection with Complaint case No.613 of 2016.

(Sudhir Singh, J) Narendra/- U T