Sarvesh Mistry v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22244 of 2018 Arising Out of PS. Case No.-977 Year-2015 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Sarvesh Mistry, Son of Binod Mistry, Resident of Village-Rasula, P.S.-Kako, (Bhalawar O.P.), District-Jehanabad.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Lalo Devi, Wife of Sarvesh Mistri, R/o Village-Rasula, P.S.-Kako, (Bhalawar O.P.), District-Jehanabad.

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

For the Petitioner/s :

Mr. Ram Sewak Prasad For the Opposite Party/s :

Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 498A and 494 of the Indian Penal Code and Sections 3⁄4 of the 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 09.03.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has

Patna High Court Cr.Misc. No.22244 of 2018(2) dt.16-04-2018 2/2 falsely been implicated in the present case due to petty family 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, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that 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 learned A.C.J.M., Jehanabad in connection with Complaint Case No. 977 of 2015.

(Sudhir Singh, J) Pankaj/- U T