Shivendra Kr. Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29318 of 2019 Arising Out of PS. Case No.-436 Year-2018 Thana- AMARPUR District- Banka ====================================================== Shivendra Kr. Singh Son of Basuki Singh @ Basuki Pd. Singh Resident of Village - Soutadih, P.S.- Belhar, Dist.- Banka. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Poonam Devi Resident of Village - Soutadih, P.S.- Belhar, Dist.- Banka. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee For the Opposite Party/s :
Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-05-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 341, 323, 498A, 504, 506 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.
Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 16-08-2018. Charge sheet in this case has already been submitted. The petitioner has falsely been implicated in the present case due to petty family dispute. On earlier occasion also, the informant and her family
Patna High Court CR. MISC. No.29318 of 2019(3) dt.17-05-2019 2/2 members have lodged case against the petitioner and his family members. The offences are triable by the Magistrate. 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 Complaint Case/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 Sub Divisional Judicial Magistrate, Banka in connection with Amarpur (Fullidumar) P.S. Case No. 436 of 2018. (Sudhir Singh, J) A.K.V.//- U T