Patna High CourtCR. MISC./13497/2018bail granted

Manoj Kumar Thakur @ Manoj Kumar Sharma v. The State Of Bihar

2018-03-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13497 of 2018 Arising Out of PS.Case No. -64 Year- 2017 Thana -KHIRHAR District- MADHUBANI ====================================================== Manoj Kumar Thakur @ Manoj Kumar Sharma, S/o Suresh Thakur, R/o Village- Khirhar, P.S.- Khirhar, district- Madhubani. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar Jha, Advocate. For the Opposite Party : Smt. Pronati Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-03-2018 Learned counsel for the petitioner is permitted to make necessary correction in prayer portion of the present application. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 13.12.2017 in a case for the offence registered under Sections 341, 323, 498(A)/34 of the IPC and 3⁄4 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 got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the

Patna High Court Cr.Misc. No.13497 of 2018 (2) dt.08-03-2018 2/2 petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. 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 J.M. Ist Class, Benipatti, District- Madhubani, in connection with Khirhar P.S. Case No. 64 of 2017, G.R. No. 910 of 2017.

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