Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39057 of 2018 Arising Out of PS. Case No.-60 Year-2018 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Mukesh Kumar, aged about 37 years, Son of Binod Kumar, Resident of Nazipur, Akhada Ghat, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner :

Mr. Manager Sah, Advocate For the State :

Smt Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case registered under Section 498A/34 of the Indian Penal Code and 3⁄4 of 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 20.05.2018 and has got no 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

Patna High Court Cr.Misc. No.39057 of 2018(2) dt.05-07-2018 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 informant, 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 Spl. Judge, C.B.I.-Icum-A.C.J.M., Patna in connection with S.K. Puri P.S. case No.60 of 2018.

The informant may approach to the Family Court with a competent jurisdiction for redressal of her grievance, if so advised.

(Sudhir Singh, J) Narendra/- U T