Patna High CourtCR. MISC./44758/2017bail granted

Mukesh Paswan v. State Of Bihar And ANR

2017-09-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44758 of 2017 Arising Out of PS.Case No. -278 Year- 2017 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ======================================================

1. Mukesh Paswan son of Late Basudeo Paswan, Resident of VillageMadhurapur, Lakhminiya, P.S.- Ballia, District- Begusarai. .... .... Petitioner

Versus

1. The State of Bihar.

2. Rimjhim Barso @ Rimjhim Devi wife of Mukesh Paswan, daughter of Ramanand Pawan, Resident of Village- Gauripur, P.S. Naya Ram Nagar, District Munger.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 323, 498(A) 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 05.08.2017. 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

Patna High Court Cr.Misc. No.44758 of 2017 (2) dt.15-09-2017 2/2 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, 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 J.M.1st Class, Munger, in connection with Complaint case No.278C of 2017.

(Sudhir Singh, J) Amit/- U T