Patna High CourtCR. MISC./36819/2017bail granted

Vishanu Mahto v. State Of Bihar And ANR

2017-08-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36819 of 2017 Arising Out of PS.Case No. -1269 Year- 2011 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ======================================================

1. Vishanu Mahto Son of Giwach Mahto, R/o Village- Basopatti, P.S.- Basopatti, District- Madhubani.

.... .... Petitioner

Versus

1. The State of Bihar .

2. Puspa Devi @ Pushpa Devi W/o Vishanu Mahto, D/o Satya Narayan Raut, R/o Village- Lagwash, P.S.- Arer, District- Madhubani. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Subhash Kumar Jha For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 323, 341, 379, 498(A), 504/34 of the Indian Penal Code. The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.06.2017. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The case is triable by the

Patna High Court Cr.Misc. No.36819 of 2017 (2) dt.10-08-2017 2/2 Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the state, it has been 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 bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Ajay Kumar-II, J.M., 1st Class, Benipatti, Madhubani in connection with C.R. Case No.1268 of 2011, T.R. No. 1860 of 2016.

(Sudhir Singh, J) Amit/- U T