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Patna High CourtCR. MISC./30746/2018bail granted

Sheo Kumar Sah v. State Of Bihar And ANR

2018-05-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30746 of 2018 Arising Out of PS. Case No.-238 Year-2017 Thana- KUDRA District- Bhabhua (Kaimur) ====================================================== Sheo Kumar Sah son of late Ram Dahin Sah, resident of village Pusauli Gola, P.S. Kudra, District Kaimur at Bhabua ... ... Petitioner/s

Versus

1. State Of Bihar

2. Kalpati Devi wife of Sheo Kumar Sah, resident of village Pusauli Gola, P.S. Kudra, District Kaimur at Bhabua ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Pandey For the Opposite Party/s :

Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 498A, 504, 506/34 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 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 victim is in habit of instituting similar case against the petitioner and his family members. The petitioner

Patna High Court Cr.Misc. No.30746 of 2018(2) dt.18-05-2018 2/2 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.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Kudra P.S. case No.238 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T