Mithun Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37821 of 2019 Arising Out of PS. Case No.-313 Year-2018 Thana- PUNPUN District- Patna ====================================================== Mithun Chaudhary Son of Sri Chandra Deo Chaudhary @ Ramu Chaudhary Resident of Paimar Ghat, P.S.- Punpun, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nilam Kumari W/o Mithun Chaudhary, D/o Puneshwar Chaudhary Resident of Bandeya, P.O.- Bendeya, P.S.- Makdumpur, District- Jehanabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tilak Sao For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 498A, 341, 323, 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-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.02.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged

Patna High Court CR. MISC. No.37821 of 2019(2) dt.21-06-2019 2/2 against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is 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 Sri Ranjay Kumar, J.M. 1st class, Masaurhi (Patna) in connection with Punpun P.S. case No.313 of 2018.

(Sudhir Singh, J) Narendra/- U T