Manoj Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45823 of 2018 ====================================================== Manoj Yadav S/o Late Ramnath Yadav, R/o Vill.- Baruna , P.S.- Buxar (Industrial Area), District- Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sarita Devi W/o Manoj Yadav, R/o Vill.- Nawdihan, P.S.- Dumraon, District- Buxar.

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

For the Petitioner/s : Mr. Digvijay Kumar Ojha For the Opposite Party/s : Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections-341, 323, 504, 506, 325, 307, 498A, 120B/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-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18-04-2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. Charge sheet has been submitted under Sections-341, 323, 504, 498A/34 of the Indian

Patna High Court Cr.Misc. No.45823 of 2018 (2) dt.27-07-2018 Penal Code and 3⁄4 of Dowry Prohibition Act. 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 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 Chief Judicial Magistrate, Buxar in connection with Buxar Mahila (Industrial) P.S. Case No. 23 of 2018.

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