Patna High CourtCR. MISC./33425/2018bail granted

Rajesh Kumar v. State Of Bihar And ANR

2018-06-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33425 of 2018 Arising Out of PS. Case No.-1039 Year-2016 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== Rajesh Kumar, s/o- Sri Ram Baitha, r/o- village Suhiya, P.O.- Suhiya, P.S.- Shahpur, District- Bhojpur, Ara.

... ... Petitioner/s

Versus

1. The State Of Bihar

2. Arti Devi, d/o- Late Jainendra Ram, r/o- village Kharwaniya, P.O.- Bhatauli, P.s.- Navanagar, District- Buxar.

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

For the Petitioner/s :

Mr. Parijat Saurav For the Opposite Party/s :

Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-06-2018 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 341, 323, 504, 506, 498A, 120B of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act but cognizance has been taken under section 498A IPC and Section 4 of the D.P. 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 16.4.2018 and has got no

Patna High Court Cr.Misc. No.33425 of 2018(3) dt.20-06-2018 2/2 criminal antecedent. 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 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 S.D.J.M., Buxar in connection with Buxar Complaint Case No. 1039(c)/2016.

(Sudhir Singh, J) Pankaj/- U T