Patna High CourtCR. MISC./1697/2018bail granted

Dharmendra Kumar @ Banti v. State Of Bihar And ANR

2018-01-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1697 of 2018 Arising Out of PS. Case No.-306 Year-2012 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Dharmendra Kumar @ Banti S/o Late Satyanarain Sao, R/o VillageRaniganj, P.S.- Imamganj, Distt.- Gaya. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Dolly Devi W/o Dharmendra Kumar @ Banti, D/o Naresh Kumar, R/o Neeche Bazar, Raniganj, P.S.- Imamganj, Distt.- Gaya at present Nehachak Behind City Court, P.S.- Alamganj, Distt.- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S. Jamil Akhtar For the Opposite Party/s :

SMT. INDU BALA PANDEY ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 498A 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 14.11.2017. 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 dispute. The case is triable by the Magistrate. On the earlier occasion also, similar cases were instituted by the

Patna High Court Cr.Misc. No.1697 of 2018(2) dt.18-01-2018 2/2 Complainant against the petitioner and his family members. 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, it is submitted that the petitioner is named in the 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 Sub Divisional Judicial Magistrate, Patna City, Patna in connection with Complaint case No.306 of 2012.

(Sudhir Singh, J) Narendra/- U