Ganga Sagar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33065 of 2018 Arising Out of PS. Case No.-706 Year-2015 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== Ganga Sagar Son of Abhay Kumar @ Abhay Kumar Mandal Resident of Village- Marar P.S. Morkahi District Khagaria At present Resident of Village314 Abhaypur Industrial Area- 1 Panchkula P.S. and District- Hariyana. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Mamta Kumari @ Kumari Mata wife of Ganga Sagar D/o Hira Lal Mahto Resident of Dhobi Tola, Ward No.- 20 P.O.+ P.S. Khagaria, DistrictKhagaria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Singh For the Opposite Party/s :

Mr. Sri Dilip Kumar ====================================================== 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 Section 498(A) of the Indian Penal Code and Section 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 16.3.2018 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.33065 of 2018(3) dt.20-06-2018 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 S.D.J.M., Khagaria in connection with Complaint Case No. 706C/2015.

(Sudhir Singh, J) Pankaj/- U T