Patna High CourtCR. MISC./36393/2017bail granted

Chandra Shekhar Yadav v. State Of Bihar And ANR

2017-08-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36393 of 2017 Arising Out of PS.Case No. -255 Year- 2016 Thana -COMPLAINT CASE District- BANKA ====================================================== Chandra Shekhar Yadav Son of Shiv Yadav Resident of Village - Guruduar, P.S. - Barahat, District - Banka.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Rabri Devi Wife of Chandra Shekhar Yadav, D/o Arjun Yadav Resident of Village - Barmaniya, P.S. - Bounsi, District - Banka. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Anil Kumar Singh, Advocate. For the State : Mr. Uma Shankar Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 01.05.2017 in connection with Complaint Case No. 255/2016 for the offences instituted 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 complainant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.05.2017 and charge sheet has been submitted in the present case. He has got no criminal antecedent. There is no allegation of tampering with the witnesses

Patna High Court Cr.Misc. No.36393 of 2017 (2) dt.10-08-2017 2/2 alleged against the petitioner. He 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 State, 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., Banka, in connection with Complaint Case No. 255/2016.

U.K./- (Sudhir Singh, J) U T