Kamdeo Singh @ Kamo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39449 of 2018 Arising Out of PS.Case No. -105 Year- 2018 Thana -KHAIRA District- JAMUI ====================================================== Kamdeo Singh @ Kamo Singh, S/O Late Mauleshwari Prasad Singh, R/VChuan, P.S. Khaira, District-Jamui. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Prabhat Ranjan Singh, Advocate. For the Opposite Party : Smt. Veena Rani Prasad, APP- 68. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 20.03.2018, in a case for the offence registered under Sections 341, 323, 307, 506, 504 and 498(A)/34 of the IPC. The police after investigation did not find any case under Section 307 of the IPC and then filed charge sheet only under Sections 341, 323, 506, 504 and 498(A)/34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no

Patna High Court Cr.Misc. No.39449 of 2018 (2) dt.06-07-2018 2/2 allegation of tampering with the witnesses alleged against the petitioner. The petitioner 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 learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ 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 the learned C.J.M. Jamui, in connection with Khaira P.S. Case no.105 of 2018. (Sudhir Singh, J) U.K./- U T