Patna High CourtCR. MISC./49008/2017bail granted

Subhash Kumar Manhji v. State Of Bihar And ANR

2017-10-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49008 of 2017 Arising Out of PS.Case No. -877 Year- 2016 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ======================================================

1. Subhash Kumar Manhji, Son of Shiv Rai Manjhi, resident of VillageNarayanpur, P.S.- Garkha, District- Chapra. At present Accountan, Primary Health Centre, Banwan, Ethwari, District- Saharsa. .... .... Petitioner

Versus

1. The State of Bihar.

2. Pushpa Devi, Wife of Subash Kumar Manjhi, Daughter of Shivdayalo Manjhi, resident of Village- East Colony, Stadium Road, Quarter No. 34, P.S.- East Colony Jamalpur, District- Munger. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2017 Heard learned counsel for the petitioner, learned counsel for the O.P. and learned counsel for the State. The petitioner seeks bail in a case instituted under Sections 323, 498(A) and 504 of the Indian Penal Code. 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 30.08.2017. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely

Patna High Court Cr.Misc. No.49008 of 2017 (2) dt.12-10-2017 2/2 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 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 and counsel for the O.P, 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 S.D.J.M., Munger, in connection with Complaint Case No.877(C) of 2016. (Sudhir Singh, J) Amit/- U T