Manoj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20518 of 2018 Arising Out of PS.Case No. -19 Year- 2018 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Manoj Sah, son of Shri Jhapas Sah, resident of village - Manpur Nawaka Tola, Police Station - Bathwariya, District - West Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Brij Kishor Mishra, Advocate. For the Opposite Party : Mr. Kumar Ranjit Ranjan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-04-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 13.02.2018 in a case for the offence registered under Sections 341, 323, 498(A), 308 and 504/34 of the IPC.

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 petitioner. The petitioner has falsely been implicated in the present

Patna High Court Cr.Misc. No.20518 of 2018 (2) dt.10-04-2018 2/2 case due to petty family dispute. The petitioner is brother-in-law of the victim. He is separate in mess and property from the husband of the victim. Except for Section 308 of the IPC other Sections are 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 A.C.J.M.-1st, Bagaha, West Champaran, in connection with Chautarwa (Bathwariya) P.S. Case No. 19 of 2018.

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