Patna High CourtCR. MISC./19635/2018bail granted

Santosh Kumar Choudhary v. The State Of Bihar

2018-04-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19635 of 2018 Arising Out of PS. Case No.-39 Year-2017 Thana- MAHILA P.S. District- Samastipur ====================================================== Santosh Kumar Choudhary Son of Shankar Choudhary, Resident of VillageGauspur Sarsona P.S. N.H. 28 Bangara District Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sunil Kumar Pathak, Adv.

For the State :

Smt Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2018 Supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on the record. In the light of the supplementary affidavit, counsel for the petitioner is permitted to make necessary correction in para 3 of the main application in course of the day. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner seeks bail in a case registered under Sections 498A, 494, 341, 379, 506/34 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 16.11.2017. Charge sheet has been

Patna High Court Cr.Misc. No.19635 of 2018(2) dt.12-04-2018 2/2 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. 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, it is 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 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Samastipur in connection with Women (Mahila) P.S. case No.39 of 2017. (Sudhir Singh, J) Narendra/- U T