Premchandra Ram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34728 of 2017 Arising Out of PS.Case No. -128 Year- 2016 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Premchandra Ram son of Bhola Ram resident of village - Jinwalia, Police Station - Sirsiya O.P. (Chanpatia), District - West Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. Malti Devi wife of Premchandra Ram, daughter of Bhikhari Ram resident of village - Jinwalia, Police Station - Sirsiya O.P. (Chanpatia), District - West Champaran, at present resident of village Sariswa Bazar, Police Station - Majhaulia, District - West Champaran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Brij Kishor Mishra, Advocate. For the State : Mr. Binod Kumar 3, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 17.05.2017 in connection with Chanpatia (Sirisiya O.P.) P.S. Case No. 128 of 2016 for the offences instituted under Sections 498(A) of the IPC and 3⁄4 of the D.P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the informant due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.05.2017. There is no allegation of

Patna High Court Cr.Misc. No.34728 of 2017 (2) dt.10-08-2017 2/2 tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. He 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 State, it has been 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 bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-6th, West Champaran at Bettiah in connection with Chanpatia (Sirisiya O.P.) P.S. Case No. 128 of 2016.

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