Patna High CourtCR. MISC./30872/2017bail granted

Vikash Kumar Giri v. State Of Bihar And ANR

2017-07-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30872 of 2017 Arising Out of P.S.Case No. -9 Year- 2017 Thana -MAHILA P.S. District- MUZAFFARPUR ====================================================== Vikash Kumar Giri, Son of Virendra Kumar Giri, Resident of VillageVihjadi, P.S.- Desri, District- Vaishali. .... .... Petitioner

Versus

1. The State of Bihar.

2. Sarita Kumari, D/o Sitaram Giri, Resident of LIG- 45, Housing Board Colony, Damodarpur, P.S.- Kanti, District- Muzaffarpur. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Navesh Nandan, Advocate For the State : Smt. Gulnar Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2017 Heard learned counsels for the petitioner, informant and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Muzaffarpur Mahila P.S. Case No. 09 of 2017 for the offences instituted under Sections 498(A) and 3⁄4 of the D.P. Act. The prosecution story, in brief, is that the accused persons including the petitioner tortured the informant due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The case is triable by the Magistrate. He has falsely been implicated in

Patna High Court Cr.Misc. No.30872 of 2017 (2) dt.13-07-2017 2/2 the present case due to petty family dispute. 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 informant and the State, it has been 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 in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Muzaffarpur Mahila P.S. Case No. 09/2017 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. West Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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