Patna High CourtCR. MISC./47860/2018bail granted

Subodh Sharma v. State Of Bihar And ANR

2018-08-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47860 of 2018 Arising Out of PS. Case No.-1794 Year-13 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Subodh Sharma S/o late Kishori Thakur @ late Kishori Sharma, resident of village Teja Bigha, P.S. Noor Sarai, District Nalanda ... ... Petitioner/s

Versus

1. State Of Bihar

2. Khushabu Devi w/o Subodh Sharma, resident of village Teja Bigha, P.S. Noor Sarai, District Nalanda, at present D/o Janardan Sharma, resident of village Tiuri, P.O. Tiuri, P.S. Manpur, District Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar No.1 For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 498A of the Indian Penal Code.

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 10.06.2018 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

Patna High Court Cr.Misc. No.47860 of 2018(2) dt.06-08-2018 2/2 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 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 Chief Judicial Magistrate, Nalanda in connection with Complaint case No.1794C of 2013.

(Sudhir Singh, J) Narendra/- U T