Brij Mohan Singh @ Brij Lal Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42365 of 2018 Arising Out of PS. Case No.-474 Year-2016 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== Brij Mohan Singh @ Brij Lal Singh, Son of Shree Shiv Prasad Singh, Resident of Village- Minapur, P.S.- Hajipur Town, Dist.- Vaishali. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Resham Devi, Wife of Shree Brij Mohan Singh, Daughter of Shree Darshan Singh, Resident of Village- Bhathauli Bhagwan, P.S.- Kartaha, Dist.- Vaishali.

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted in which cognizance has been taken under section 498A of the Indian Penal Code.

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 2.5.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has

Patna High Court Cr.Misc. No.42365 of 2018(2) dt.17-07-2018 2/2 falsely been implicated in the present case due to petty family dispute. 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/complaint case. Considering the aforesaid facts and circumstances, it is directed that 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 A.C.J.M. XIII, Vaishali at Hajipur in connection with Complaint Case No. 474 of 2016 (Tr. No. 1789 of 2016). (Sudhir Singh, J) Pankaj/- U T