Patna High CourtCR. MISC./45658/2018allowed

Suresh Pal v. The State Of Bihar

2018-07-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45658 of 2018 ====================================================== Suresh Pal Son of Rajendra Pal @ Rajendra Bhagat Resident of Village : Raghunathpur, P.S. Brahmpur, District : Buxar. .... .... Petitioner

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajeev Ranjan For the Opposite Party/s : Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-07-2018 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, 307, 498A, 379/34 of the Indian Penal Code.

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 09-04-2018. 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. On earlier occasion also, the victim and her family members have instituted a case for similar nature of offence against the petitioner and his family members. The nature of injury

Patna High Court Cr.Misc. No.45658 of 2018 (2) dt.27-07-2018 is said to be simple. No offence u/S 307 of the Indian Penal Code is made out. Rest of the offences are triable by the Magistrate. Charge sheet has already been submitted in 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, Buxar in connection with Buxar Mahila P.S. Case No. 20 of 2018.

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