Dashrath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8593 of 2016 Arising Out of PS.Case No. -234 Year- 2015 Thana -KHAIRA District- JAMUI ====================================================== Dashrath Sah, Son of late Katashwar Sah @ Kailu Sah, Resident of village - Deopur, Police Station - Khaira, District - Jamui. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. J.N. Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 10-03-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the father of the husband of the informant is languishing in custody since 16.12.2015 in a case registered for the offences punishable under Sections 498A, 324, 307, 313, 354B, 376/511 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

The prosecution case is of torture. It is specifically alleged against the petitioner that he made attempt to ravish the informant. It is alleged that the accused persons assaulted the informant on 30.08.2015 when the elder brother of the husband of the informant assaulted on her abdomen as a result the pregnancy got terminated.

Patna High Court Cr.Misc. No.8593 of 2016 (03) dt.10-03-2016 2/2 It is submitted by learned counsel for the petitioner that there is nothing on the record to suggest that the petitioner attempted to ravish the informant. On conclusion of the investigation the accusation under Sections 376/511 and 354B have not been found true as the charge-sheet has been submitted under Sections 323, 341, 498A of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

Considering the fact that the accusations under Sections 376/511 and 354B of the IPC have not been found true on conclusion of investigation, let the above named petitioner, 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 Chief Judicial Magistrate, Jamui in connection with Khaira P.S. Case No. 234 of 2015. (Dinesh Kumar Singh, J) DKS/- U T