Pradeep Kumar Gupta v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28080 of 2018 Arising Out of PS. Case No.-11 Year-2015 Thana- MAHILA P.S. District- Saran ====================================================== Pradeep Kumar Gupta S/o late Pasupati Nath Gupta, R/o Mohalla Mouna chowk Pathal Bazar, P.S. Chapra Town, Distt. Saran ... ... Petitioner/s
Versus
1. State Of Bihar
2. Rubi Kumari w/o Pradeep Kumar Gupta, R/o village Mouna chowk, Pathal Bazar, P.S. Chapra Town, Distt. Saran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Manish Chandra Gandhi, Adv.
For the State :
Mr. Sanjay Kumar Tiwary 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-05-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner seeks bail in a case registered under Section 498A/34 of the Indian Penal Code.
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 11.01.2018. Charge sheet has been submitted in this case. 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 petitioner has
Patna High Court Cr.Misc. No.28080 of 2018(2) dt.07-05-2018 2/2 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 and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the 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 A.C.J.M. 8th, Saran at Chapra in connection with Chapra Mahila P.S. case No.11 of 2015.
If so advised, the opposite party No.2 may approach to the Family Court for redressal of her grievance. (Sudhir Singh, J) Narendra/- U T