Chhotu Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40336 of 2018 Arising Out of PS.Case No. -272 Year- 2016 Thana -GANDHIMAIDAN District- PATNA ====================================================== Chhotu Sao, Son of Vindeshwar Sao, Resident of Village- Sabji Mandi, Dukan No. 23, P.S.- Kadam Kuan, District- Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Yogendra Kumar Singh, Advocate. For the Opposite Party : Smt. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 01.03.2018 in a case for the offence registered under Sections 498(A), 307, 324 and 506 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. The petitioner also assaulted the victim on her head causing grievous injury and she was taken to P.M.C.H. for treatment.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case due to petty family dispute. Charge sheet has been

Patna High Court Cr.Misc. No.40336 of 2018 (2) dt.06-07-2018 2/2 submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. Except for offence under Section 307 IPC, all other offences are triable by the Magistrate. The petitioner has further 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 learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

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 the learned Sub Judge-VI-cumA.C.J.M., Patna, in connection with Gandhi Maidan P.S. Case No.272 of 2016, corresponding to G.R. No. 4835 of 2016. (Sudhir Singh, J) U.K./- U T