Nirjal Nath v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1580 of 2018 Arising Out of PS. Case No.-199 Year-2017 Thana- SULTANGANJ District- Patna ====================================================== Nirjal Nath, Son of Baidnath Prasad, Resident of Village-Ranisarai, P.s.- Giriyak, District-Nalanda.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Lakshmi Kant Sharma, Advocate For the State :

Mr. Nityanand Tiwary, APP For the Informant :

Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-01-2018 Heard learned counsel for the petitioner. learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case registered under Sections 307, 498A, 326/34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture and assault 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 05.10.2017 and has got no criminal antecedent. Charge sheet has been submitted in this case. 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 nature of injury is

Patna High Court Cr.Misc. No.1580 of 2018(2) dt.18-01-2018 2/2 said to be simple. Hence, no offence under Section 307 of the I.P.C. is made out. 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 and learned counsel for the informant, it is 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 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st class, Patna City, Patna in connection with Sultanganj P.S. case No.199 of 2017.

(Sudhir Singh, J) Narendra/- U T