Patna High CourtCR. MISC./37084/2017bail granted

Brahmanand Kumar @ Brahmanand Kumar Mahto v. State Of Bihar And ANR

2017-08-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37084 of 2017 Arising Out of PS.Case No. -775 Year- 2014 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Brahmanand Kumar @ Brahmanand Kumar Mahto Son of Sulan Mahto, R/o Village- Ekwa, P.O.- Jamunia, P.S.- Sahodara, District- West Champaran.

.... .... Petitioner

Versus

1. The State of Bihar .

2. Smt. Devi W/o Brahmanand Kumar Mahto, D/o Badri Mahto, R/o Village- Ekwa, P.O.- Jamunia, P.S.- Sahodar, District- West Champaran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Akhileshwar Kumar Shrivastva For the Opposite Party/s : Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 498(A) of the Indian Penal Code and 3⁄4 of 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 19.06.2017. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The case is triable by the

Patna High Court Cr.Misc. No.37084 of 2017 (2) dt.10-08-2017 2/2 Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The 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 Complaint Case.

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 the learned J.M.1st Class, Bettiah, West Champaran, in connection with Tr. No.S.C. 750 of 2016, arising out of Complaint Case No. 775©/2014. (Sudhir Singh, J) Amit/- U T