Patna High CourtCR. MISC./59239/2017bail granted

Kamlesh Ram v. State Of Bihar And ANR

2017-12-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59239 of 2017 Arising Out of PS. Case No.-2268 Year-2010 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== Kamlesh Ram Son of Bodha Ram Resident of village- Karjania, Police Station- Mairwa, District- Siwan ... ... Petitioner/s

Versus

1. The State of Bihar

2. Anita Devi D/o Lakhraj Ram R/O billage- Mahanth Pataua, P.S.- Darauli, District- Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar, Adv.

For the Opposite Party/s :

Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 498A, 406/34 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 29.8.2017 and 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 due to petty family dispute. The

Patna High Court Cr.Misc. No.59239 of 2017(2) dt.08-12-2017 2/2 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, it is 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 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Siwan in connection with Complaint case No.2268 of 2010, Trial No.1132 of 2017.

(Sudhir Singh, J) Narendra/- U T