Chandra Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19196 of 2019 Arising Out of PS. Case No.-85 Year-2018 Thana- BAHADURPUR District- Patna ====================================================== CHANDRA PRAKASH KUMAR, aged about 30 years (M), S/o Sri Ram Nath Prasad @ Ram Nath Sah R/o Mohalla- Rampur near Ram Ratan Hospital, P.S.- Bahadurpur, District- Patna.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Sudhir Kumar, Advocate.

For the State :

Mr.Uma Shankar Prasad Singh, A.P.P.

For the Informant : Mr. S.B. Manglam, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-04-2019 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner is languishing in custody since 19.01.2019 in a case for the offence registered under Sections 341, 323, 324, 498(A), 504, 506/34 of the IPC and 3⁄4 of the D.P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It is also alleged that on the order of father-in-law of the victim, her mother-in-law assaulted with knife on her left hand. Her husband also assaulted with knife on her neck.

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.19196 of 2019(3) dt.15-04-2019 2/2 petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is husband of the victim. The case is triable by the Magistrate. The petitioner has further 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 learned counsels for the State and informant, it has been submitted that the petitioner is named in the F.I.R/ 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 the learned A.C.J.M.- 2, Patna City, in connection with Bahadurpur P.S. Case No. 85/2018.

(Sudhir Singh, J) U.K./- U T