Avinash Kumar @ Ram Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34337 of 2018 Arising Out of PS.Case No. -2 Year- 2018 Thana -MAHILA PS District- GAYA ======================================================

1. Avinash Kumar @ Ram Sharma, Son of Late Mithilesh Sharma, Resident of Mohalla- Vishun Vihar, Bhusanda, P.S.- Mufassil, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Md. Javed Jafar Khan For the Opposite Party/s : Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections-341, 323, 504, 506, 498A, 394 of the Indian Penal Code and 3⁄4 of D.P. Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19-04-2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses 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 charge sheet has already been submitted in

Patna High Court Cr.Misc. No.34337 of 2018 (2) dt.19-06-2018 this case. 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 Complaint Case/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 learned Sub Divisional Judicial Magistrate, Gaya in connection with Mahila P.S. Case No. 02 of 2018.

(Sudhir Singh, J) A.K.V./- U T