Patna High CourtCR. MISC./46630/2018bail granted

Shashi Kumar v. The State Of Bihar

2018-08-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46630 of 2018 Arising Out of PS. Case No.-75 Year-2018 Thana- HILSA District- Nalanda ====================================================== Shashi Kumar son of Mahesh Yadav, resident of Village- Damodar Sarai, Manpur, P.S.- Hilsa, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Malay Kumar Choudhary, Advocate For the State :

Mr. Pawan Kumar Chaurasiya, APP For the Informant :

Mr. Anuj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case registered under Sections 498A, 494/34 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 7.5.2018. Charge sheet has been submitted in this case. 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

Patna High Court Cr.Misc. No.46630 of 2018(3) dt.16-08-2018 2/2 dispute. On the earlier occasion also, the victim had instituted a case for similar offence against the petitioner and his family members. The case is triable by the Magistrate. The petitioner has 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 State and learned counsel for the informant, it is submitted that the petitioner is named in the complaint case/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 Addl. Chief Judicial Magistrate, Hilsa at Nalanda in connection with Hilsa P.S. case No.75 of 2018.

(Sudhir Singh, J) Narendra/- U T