Nirnay Kumar Srivastava @ Nirnay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22746 of 2018 Arising Out of PS. Case No.-11 Year-2016 Thana- MAHILA P.S. District- Patna ====================================================== Nirnay Kumar Srivastava @ Nirnay Kumar, Son of Arun Kumar Srivastava, Resident of Mohalla- Golghar Chauraha, P.S.- Budha Colony, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ashok Kumar Mishra, Adv.

For the State :

Mr. Bharat Lal, APP For the Informant :

Mr. Ranvijay Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 498A/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.03.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family

Patna High Court Cr.Misc. No.22746 of 2018(2) dt.17-04-2018 2/2 dispute. The case is triable by the Magistrate. The petitioner has 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 State and learned counsel for the informant, it is 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 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Patna in connection with Mahila P.S. case No.11 of 2016. (Sudhir Singh, J) Narendra/- U T