Chandran Kumar Singh @ Chandan Kr. Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21526 of 2019 Arising Out of PS. Case No.-190 Year-2018 Thana- AMNAUR District- Saran ====================================================== CHANDRAN KUMAR SINGH @ CHANDAN KR. SINGH Son of Ram Kumar Singh Resident of Village and P.O.- Salempur, P.S.- Rajopur, DistrictEast Champaran at present residing at Adarsh Gram Road No.- 1, Kolhua Paigambar, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kavita Kumari W/o Chandan Kumar Singh, D/o Dinesh Kumar Singh Resident of Village- Rahimpur Karn, P.S.- Amnour, District- Saran at Chapra.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 420, 307, 498A of the Indian Penal Code and Sections 3⁄4 of the 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 25.1.2019. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.21526 of 2019(3) dt.01-05-2019 2/2 petitioner. Charge-sheet has been submitted in the present case. There is no injury report in support of the allegation made in the F.I.R.. Hence, no offence under Section 307 IPC is made out. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner has 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, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that 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 A.C.J.M. -II, Saran at Chapra in connection with Amnour P.S. Case No. 190/2018.

(Sudhir Singh, J) Pankaj/- U T