Patna High CourtCR. MISC./36355/2017bail granted

Ashok Bharti v. State Of Bihar And ANR

2017-08-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36355 of 2017 Arising Out of PS.Case No. -106 Year- 2016 Thana -SISWAN District- SIWAN ======================================================

1. Ashok Bharti, Son of Krishna Bharti, Resident of Village- Mubarakpur (Nagai), Police Station- Siswan (Chainpur O.P.), District- Siwan. .... .... Petitioner

Versus

1. The State of Bihar.

2. Kusum Devi, wife of Ashok Bharti, daughter of Gyan Bharti, resident of Village- Pipra Mathiya (Kodari), Police Station- Daraunda, District- Siwan. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Smt. Sharda Kumari ====================================================== 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 seeks bail in a case instituted under Sections 341, 323, 498(A), and 504/34 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 30.06.2017. 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 case is triable by the

Patna High Court Cr.Misc. No.36355 of 2017 (2) dt.10-08-2017 2/2 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, 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 A.C.J.M.-X, Siwan, in connection with Siswan (Chainpur O.P) P.S. case No.106 of 2016.

(Sudhir Singh, J) Amit/- U T