Sarwan Kumar @ Madhurendra Kumar @ Madhurendar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20936 of 2019 Arising Out of PS. Case No.-187 Year-2017 Thana- MAHILA P.S. District- Nalanda ====================================================== Sarwan Kumar @ Madhurendra Kumar @ Madhurendar Kumar Son of Late Baleshwar Prasad @ Baleshwar Garain Resident of Village - Gosainpur, P.S.- Chiksaura, District- Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mrs.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-04-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail a case registered under Section 498A, 323, 313, 504, 506/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation is that the accused persons including the petitioner tortured and assaulted the victim due to nonfulfilment of demand of dowry, as a result of which the pregnancy of the informant got terminated.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.02.2019. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has

Patna High Court CR. MISC. No.20936 of 2019(3) dt.29-04-2019 2/2 falsely been implicated in the present case. There is no medical examination report in support of the allegations for an offence under Section 313 of I.P.C. Rest of the offences are triable by the Magistrate. On the earlier occasion also, a case was instituted for a similar allegation.

On behalf of the State and learned counsel for the informant, 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 S.D.J.M., Biharsharif, Nalanda in connection with Mahila P.S. case No.187 of 2017.

(Sudhir Singh, J) Narendra/- U T