Vidyanand Poddar @ Vidyanand Kumar Poddar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61330 of 2017 Arising Out of PS.Case No. -114 Year- 2016 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ====================================================== Vidyanand Poddar @ Vidyanand Kumar Poddar S/o Shri Hira Lal Poddar , R/o Village- Meghauna, P.S.- Alauli, District- Khagaria. .... .... Petitioner
Versus
1. The State of Bihar.
2. Barsha Kumari W/o Vidyanand Kumar Poddar, R/o Village- Rahimpur, P.S.- Muffasil, District- Khagaria, A/p Hospital Raod Infornt of red Cross, Khagaria, P.S.- Chitragupta nagar, District- Khagaria. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Dinesh Jha, Advocate. For the State : Mr. Khurshid Anwar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2017 Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned A.P.P. for the State.
The petitioner is languishing in custody since 16.09.2017 in a case for the offence registered under Sections 498(A) of the IPC and 4 of the D.P. Act.
The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There
Patna High Court Cr.Misc. No.61330 of 2017 (2) dt.15-12-2017 2/2 is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.
On behalf of the learned counsels for the State and learned counsel for the opposite party no. 2, 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 bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Khagaria, in connection with Complaint Case No. 114C of 2016. U.K./- (Sudhir Singh, J) U T