Kaushal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61947 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ======================================================

1. Kaushal Kumar, S/o Vijay Prasad, resident of Village- Faridpur, P.S.- Islampur, District- Nalanda.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-12-2017 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, 504, 506/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition 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 07.10.2017. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has

Patna High Court Cr.Misc. No.61947 of 2017 (2) dt.19-12-2017 2/2 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 petitioner has further relied upon the judgment of this Court, in the case of Md. Naimul Haque Ansari v. 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 the learned S.D.J.M., Nalanda at Biharsharif, in connection with Mahila P.S. Case No. 10 of 2017. (Sudhir Singh, J) Amit/- U T