Patna High CourtCR. MISC./29106/2018bail granted

Nagendra Kumar @ Nagendra Kumar Mandal v. The State Of Bihar

2018-06-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29106 of 2018 Arising Out of PS.Case No. -208 Year- 2018 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Nagendra Kumar @ Nagendra Kumar Mandal, Son of Ramesh Kumar Mandal, Resident of Village- Kusaha, P.S.- Simraha, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 307, 498A/34 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 the petitioner is in custody since 28-03-2018. There is no allegation of tampering of witnesses against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. There is no medical report in support of the allegation made in respect of offence under Section 307 of the I.P.C. Rest of

Patna High Court Cr.Misc. No.29106 of 2018 (4) dt.19-06-2018 the offences are triable by the Magistrate. On the earlier occasion also the victim and her family members had instituted a case for similar offence. The charge-sheet has been submitted in this case. 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 Chief Judicial Magistrate, Araria in connection with Forbesganj (Simraha) P.S. Case No. 208 of 2018.

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