Ajay Sah @ Santosh Sah @ Ajay Kumar @ Santosh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62389 of 2017 Arising Out of PS.Case No. -677 Year- 2015 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Ajay Sah @ Santosh Sah @ Ajay Kumar @ Santosh S/o Rameshwar Sah, R/o Village- Basdiha, P.S.- Bhaghauch Ghat, District- (Uttar Pradesh). .... .... Petitioner

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhramveer For the Opposite Party/s : Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-01-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the complainant. The petitioner seeks bail in a case initially instituted under Sections 498(A), 306, 323, 504, 120(B), 384 of the Indian Penal Code and 3⁄4 of D.P. Act but cognizance has been taken under Section 498A 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 12.10.2017. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely

Patna High Court Cr.Misc. No.62389 of 2017 (2) dt.08-01-2018 2/2 been implicated in the present case. Cognizance has been taken under Section 498A of the Indian Penal Code and 3⁄4 of D.P. Act. The case is triable by the Magistrate. Due to petty family dispute, the present case has been 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 and counsel for the complainant, 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., Gopalganj, in connection with Complaint Case No.677 of 2015. (Sudhir Singh, J) Amit/- U T