Patna High CourtCR. MISC./21177/2017bail granted

Vishal Kumar v. The State Of Bihar

2017-07-06Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21177 of 2017 Arising Out of PS.Case No. -153 Year- 2017 Thana -KATIHAR District- KATIHAR ====================================================== Vishal Kumar S/o Suresh Mahto, Resident of Village- Naya Tola, Phulwari, P.S.- Town, District- Katihar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Advocate For the Opposite Party/s : Mr. Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Town P. S. Case No. 153 of 2017 registered under Sections 420, 376, 377, 323, 504 and 506 of the Indian Penal Code and 3 and 4 of Dowry Prohibition Act.

It is contended that the allegation made in the FIR is false and fabricated. As a matter of fact, the informant of the case was well acquainted with the petitioner and she was putting pressure upon him to marry for which a complaint was filed by the father of the petitioner in the court of Chief Judicial Magistrate, Katihar vide Complaint Case No. 111 of 2017. It is

Patna High Court Cr.Misc. No.21177 of 2017 (2) dt.06-07-2017 2/2 further contended that the petitioner had also filed a petition before the court of Judicial Magistrate vide informatory petition no. 3566 of 2016 and only thereafter, the present FIR has been instituted.

Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioner. Considering the nature of allegation and the submissions made above, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in Town P. S. Case No. 153 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J.) Kanchan/- U T