Patna High CourtCR. MISC./40269/2017bail granted

Gopal Chauhan v. The State Of Bihar

2017-08-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40269 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -MAHILA P.S. District- PATNA ======================================================

1. Gopal Chauhan Son of Late Beldar, R/o Mohalla- Mainpura Milky Nala Par, P.S.- Patliputra, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Usha Kumari Singh For the Opposite Party/s : Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-08-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner seeks bail in a case instituted under Sections 498A, 323, 34 of the Indian Penal Code and 3⁄4 D.P. Act. The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.05.2017. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The

Patna High Court Cr.Misc. No.40269 of 2017 (2) dt.25-08-2017 2/2 petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Smt Sarika Vahalia, J.M.1st Class, Patna in connection with Mahila P.S. Case No. 19 of 2017. (Sudhir Singh, J) Amit/- U T