Pintu Khan @ Pintu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58470 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -LAHERIASARAI District- DARBHANGA ======================================================

1. Pintu Khan @ Pintu S/o Late Daulat Khan, R/o Mohalla- Mirmanjan, P.S.- Laheriasarai, District- Darbhanga.

.... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Iqbal Asif Niazi For the Opposite Party/s : Mr. Braj Kishore Prasad ====================================================== 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 instituted under Sections 498(A), 366 and 376 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 12.01.2017. 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 charge sheet has been submitted in the present case for an offence under Section 498A,

Patna High Court Cr.Misc. No.58470 of 2017 (3) dt.08-01-2018 2/2 366 and 376 of the Indian Penal Code. The victim girl was examined under 164 Cr.P.C, where she has not supported the allegations made in the F.I.R. 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 F.I.R.

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 1st Additional Sessions Judge, Darbhanga, in connection with Session Trial No. 135 of 2017, arising out of Laheriasarai P.S. case No.11 of 2017. (Sudhir Singh, J) Amit/- U T