Patna High CourtCR. MISC./14099/2018bail granted

Mukesh Yadav v. State Of Bihar And ANR

2018-03-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14099 of 2018 Arising Out of PS.Case No. -131 Year- 2015 Thana -SIGORI District- PATNA ======================================================

1. Mukesh Yadav, Son of Late Ram Bali Yadav, Resident of VillageChandhos, P.S.- Sigori, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Pinki Kumari, W/o Mukesh Yadav, D/o Sri Ajit Kumar, Resident of Village- Chandhos, P.S.- Sigori, District- Patna. at present resident of Village- Bishambharpur, P.O.+P.S.- Bihta, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-03-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel appearing for opposite party No. 2. The petitioner seeks bail in a case registered under Section498A/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-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 31-01-2018 and 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. The

Patna High Court Cr.Misc. No.14099 of 2018 (2) dt.22-03-2018 petitioner is the husband of the victim/informant. 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/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 learned Sub Divisional Judicial Magistrate, Danapur, Patna in connection with Sigori P.S. Case No. 131 of 2015.

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