Patna High CourtCR. MISC./42576/2018bail granted

Avek Rai @ Pintu Rai v. State Of Bihar And ANR

2018-07-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42576 of 2018 Arising Out of PS.Case No. -103 Year- 2018 Thana -MAHNAR District- VAISHALI(HAJIPUR) ======================================================

1. Avek Rai @ Pintu Rai S/o Yugeshwar Rai, resident of Village- Lawapur Salempur, P.S. Mahnar, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Dolly Devi W/o Avek Rai @ Pintu Rai, resident of Village- Lawapur Salempur, P.S. Mahnar, District- Vaishali.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections-498A, 323, 325 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-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29-05-2018 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.42576 of 2018 (2) dt.19-07-2018 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/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 learned Additional Chief Judicial Magistrate-VI, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 103 of 2018.

(Sudhir Singh, J) A.K.V./- U T