Ritesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32747 of 2018 Arising Out of PS. Case No.-1726 Year-2017 Thana- SASARAM NAGAR District- Rohtas ====================================================== Ritesh Kumar S/o Ashok Kumar Gupta, R/o Quarter No.2-78 J.M. Colony, Shaktinagar, P.S.- Shaktinagar, District- Sonbhadra (U.P.). ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Priti Hansh S/o Sri Ram Gopal Gupta, R/o Vill.- Mandai, P.S.- Sasaram Nagar, District- Rohtas.

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

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2018 Counsel for the petitioner is permitted to make necessary correction in paragraph 3 of the application in the light of submissions made in the supplementary affidavit in course of the day.

Heard learned counsel for the petitioner, learned APP for the State and learned counsel for O.P. No. 2. The petitioner seeks bail in a case instituted for the offences under Section 498A 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

Patna High Court Cr.Misc. No.32747 of 2018(4) dt.10-07-2018 2/2 the petitioner is in custody since 27.4.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. 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 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 Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (Town) P.S. Case No. 1726 of 2017. (Sudhir Singh, J) Pankaj/- U T