Patna High CourtCR. MISC./44281/2017bail granted

Abhishek Kumar @ Ajit Kumar And ANR v. The State Of Bihar

2017-09-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44281 of 2017 Arising Out of PS.Case No. -113 Year- 2016 Thana -NIRMALI District- SUPAUL ======================================================

1. Abhishek Kumar @ Ajit Kumar, Son of Late Satya Narayan Sah,

2. Pramila Mahaseth @ Pramila Mahaseth Devi @ Pramila Devi, Wife of Late Satya Narayan Sah, Both resident of Village- Nirmali, Police StationNirmali, District- Supaul. .... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arun, Advocate. For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh Mr. Lakshindra Kr. Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners seek bail in a case instituted under Sections 498A, 304B and 201/34 of the Indian Penal Code. The allegation against the petitioners is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 24.07.2017. The petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner no.1 is

Patna High Court Cr.Misc. No.44281 of 2017 (2) dt.15-09-2017 2/2 Bhaisur of the informant and petitioner no.2 is mother-in-law of the informant. They are separate in mess and property from the husband of the victim. The petitioners have further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Birpur (Supaul), in connection with Nirmali P.S. Case No.113/2016.

(Sudhir Singh, J) Amit/- U T