Patna High CourtCR. MISC./36781/2019bail granted

Abhay Das v. The State Of Bihar

2019-06-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36781 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- MAHILA P.S. District- Vaishali ====================================================== Abhay Das Son of Harendra Das Resident of Village - Mile, P.S.- Bidupur, Distt - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 324, 307, 498(A)/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

The allegation against the petitioner is of torture and assault to the informant for 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 of witnesses alleged against the petitioner. The petitioner is in custody since 05-04-2019. There is no medical examination report in support of the offence under Section-307 of the Indian Penal Code. No offence u/S 307 of the Indian Penal Code is made out. Rest of the offences are triable by the

Patna High Court CR. MISC. No.36781 of 2019(2) dt.24-06-2019 2/2 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, Vaishali at Hajipur in connection with Mahila P.S. Case No. 12 of 2019.

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