Chhotelal Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19225 of 2018 Arising Out of PS.Case No. -467 Year- 2017 Thana -MAIRWA District- SIWAN ====================================================== Chhotelal Yadav, S/o Kedar Yadav, R/o of Village- Dhusha,P.S. Mairwa, District- Siwan.

.... .... Petitioner

Versus

1. The State of Bihar

2. Pana Devi D/o Devnarayan Yadav R/o Village- Lohgajar, P.O. - Chhitanpur, P.S. Asaon, District- Siwan.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ajay Kumar Pandey and Rinki Kumari, Advocates.

For the State : Mr. Khurshid Anwar, A.P.P. 192. ====================================================== 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 29.01.2018 in a case for the offence registered under Sections 498(A) and 494/34 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

Patna High Court Cr.Misc. No.19225 of 2018 (2) dt.10-04-2018 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 A.C.J.M.-VII, Siwan, in connection with Mairwa P.S. Case No. 467/2017. U.K./- (Sudhir Singh, J) U T