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Patna High CourtCR. MISC./58870/2017bail granted

Navin Kumar Sah v. State Of Bihar And ANR

2017-12-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58870 of 2017 Arising Out of PS. Case No.-538 Year-2017 Thana- KATIHAR District- Katihar ====================================================== Navin Kumar Sah, son of Yadunandan Sah, resident of Mofarganj Naya Tola, P.S.- Katihar, District- Katihar.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Deepa Devi, wife of Navin Kumar Sah, Daughter of Vishwanath Sah, resident of Jai Prakash Nagar, Ward No. 15, P.S. Jogbani, District Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimal Kumar, Adv.

For the Opposite Party/s :

SMT. GULNAR BEGAM, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 323, 341, 498A, 504, 506/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

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 the petitioner is in custody since 22.9.2017 and 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 due to petty family dispute. The petitioner has relied upon the judgment of this Court in the case

Patna High Court Cr.Misc. No.58870 of 2017(2) dt.08-12-2017 2/2 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, 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 Chief Judicial Magistrate, Katihar in connection with Katihar (Town) P.S. case No.538 of 2017.

(Sudhir Singh, J) Narendra/- U T