Guddu Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46787 of 2018 Arising Out of PS. Case No.-949 Year-2008 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Guddu Kumar Son of Shurendra Pandit Resident of Village- Brahmsthan, P.S. Hilsa, Dist. Nalanda.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sumitra Devi wife of Surendra Rai Resident of Muhalla Kaushik Nagar(Hilsa), P.O.+P.S. Hilsa, Distt. Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramji Kumar For the Opposite Party/s :

Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 323, 498A, 324 and 34 of the Indian Penal Code and Sections 3⁄4 of the 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 1.6.2018. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to

Patna High Court Cr.Misc. No.46787 of 2018(2) dt.01-08-2018 2/2 petty family 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 F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that 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 S.D.J.M., Hilsa in connection with Complaint Case No. 949 of 2008.

(Sudhir Singh, J) Pankaj/- U T