Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41771 of 2019 Arising Out of PS. Case No.-103 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== CHHOTU KUMAR (Male), aged about 26 years, Son of Ram Balak Singh, Resident of Mohalla - Ranipur Pani Tanki, Near By- Pass, P.S.- Mehandiganj, District- Patna.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

Kakku Devi, aged about 23 years, wife of Chhotu Kumar, D/O- Vinod Yadav, Resident of Marchi, P.S.- By-Pass, District- Patna. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Manoj Kumar Pandey, Advocate.

For the State :

Mr. Anil Kumar Singh No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 15.05.2019 in a case for the offence registered under Sections 498(A) of the IPC and 4 of the D. P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the petitioner.

Patna High Court CR. MISC. No.41771 of 2019(2) dt.08-07-2019 2/2 The petitioner is the husband of the victim. The case is triable by the Magistrate. The petitioner has further 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 learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

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 the learned S.D.J.M., Patna City, Patna, in connection with C.A. Case No. 103 of 2017.

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