Patna High CourtCR. MISC./44775/2017bail granted

Jitendra Kumar v. State Of Bihar And ANR

2017-09-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44775 of 2017 Arising Out of PS.Case No. -3369 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Jitendra Kumar, aged about 24 years, son of Jattu Rai @ Jitu Rai, Resident of village- Nirpura, P.S. Beur, District- Patna .... .... Petitioner

Versus

1. State of Bihar

2. Bhagwan Rai, aged about 65 years, son of Late Bhanu Rai, resident of village Pachhiyari Suarmarwa, P.O.- Patila, P.S. Maner, District-Patna .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Suraj Narain Yadav For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Section 498(A) of the Indian Penal Code and 3⁄4 of D.P. Act. 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 11.07.2017. The petitioner 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. The case is triable by the Magistrate. Due to petty family dispute, the present case has been

Patna High Court Cr.Misc. No.44775 of 2017 (2) dt.15-09-2017 2/2 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 the learned S.D.J.M., Patna, in connection with Complaint case No.3369 of 2015. (Sudhir Singh, J) Amit/- U T