Abu Choudhary v. The State Of Bihar
Patna High Court Cr.Misc. No.53034 of 2016 (3) dt.13-02-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53034 of 2016 Arising Out of PS.Case No. -136 Year- 2016 Thana -MUNGER MUFFASIL District- MUNGER ======================================================
1. Abu Choudhary, son of Late Uma Kant Choudhary, resident of May Dariyapur, P.S. Muffasil, District- Munger.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamal Kishore Jha For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner is in custody since 11.07.2016 in connection with Muffasil P.S. Case No. 136 of 2016 registered under Sections 498A of the Indian Penal Code and Section 3/4 of the D.P. Act. Accusation is of torture for non fulfillment of dowry demand.
Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner. Petitioner happens to be Devar of the informant and lives separately. The entire prosecution story is an outcome of internal dispute between the husband, who is already in custody, and the informant. According to the prosecution, though the informant has received injuries but the Doctor, who examined the informant, has opined that the injuries sustained by
Patna High Court Cr.Misc. No.53034 of 2016 (3) dt.13-02-2017 the informant appear to be superficial and simple in nature, which would be evident from annexure-2 to this application. Moreover, the petitioner is rotting in custody for the last six months. Considering the facts and circumstances of the case and the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Munger in connection with Muffasil P.S. Case No. 136 of 2016.
(Arvind Srivastava, J) brajesh/- U T