Munna Kumar Swarnkar @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47091 of 2019 Arising Out of PS. Case No.-100 Year-2019 Thana- KHAGAUL District- Patna ====================================================== Munna Kumar Swarnkar @ Munna Kumar S/o Late Raghunath Prasad Swarnkar Resident of Mohalla- Arya Nagar, Gandhi School Road in front of Jagat Narain College Kachi Talab Khagaul, P.S.- Khagaul, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 498A, 379, 504, 506 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 there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 09-04-2019. The petitioner has falsely been implicated in the present case due to petty family dispute. On the earlier occasion also, the present informant had lodged the case against the petitioner and other

Patna High Court CR. MISC. No.47091 of 2019(2) dt.30-07-2019 2/2 family members for similar nature of offence. All the offences are 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, 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 Additional Chief Judicial Magistrate-Vth, Danapur, Patna in connection with Khagaul P.S. Case No. 100 of 2019.

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