Sk. Shamim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58878 of 2017 Arising Out of PS.Case No. -114 Year- 2016 Thana -RAJAUN District- BANKA ======================================================

1. Sk. Shamim, Son of SK. Shahim, Resident of village- Parsotipur, P.S.- Rajoun, District- Banka.

.... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar Gupta For the Opposite Party/s : Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case initially instituted under Sections 498(A), 302, 120(B) of the Indian Penal Code and 3⁄4 of D.P. Act but the charge sheet has been submitted for an offence under Section 498A of the Indian Penal Code and Sections 3⁄4 of D.P. Act.

The allegation against the petitioner is of committing murder of the deceased 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 11.09.2017. The charge sheet has been submitted in the present case for an offence under Section

Patna High Court Cr.Misc. No.58878 of 2017 (3) dt.08-01-2018 2/2 498A of the Indian Penal Code and Sections 3⁄4 of D.P. Act. 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 instituted against the petitioner. On behalf of the state, it has been submitted that the petitioner is named in the F.I.R./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 C.J.M., Banka, in connection with Rajoun P.S. case No.114 of 2016. (Sudhir Singh, J) Amit/- U T