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Patna High CourtCR. MISC./66253/2019bail granted

Amit Kumar @ Bunty v. The State Of Bihar

2019-10-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66253 of 2019 Arising Out of PS. Case No.-334 Year-2019 Thana- MANER District- Patna ====================================================== Amit Kumar @ Bunty S/o Sri Nand Kishore Sharma R/o Mohalla- Marshal Bazar, Danapur Cantt, P.S.- Danapur, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Monika Kumari W/o Amit Kumar @ Bunty, D/o Sri Bijendra Kumar Sharma R/o Mohalla- Marshal Bazar, Main Road Danapur Cantt, P.S.- Danapur, District- Patna. At present- village Bayapur, P.S.- Maner, DistrictPatna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunit Kumar Srivastava For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner, O.P. No. 2 and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 498(A), 504, 506, 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 there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 01-09-2019. The petitioner has falsely been implicated in the present case due to petty family dispute. On the earlier occasion also, the complainant and her family members lodged cases against the petitioner for similar nature of

Patna High Court CR. MISC. No.66253 of 2019(2) dt.21-10-2019 2/2 offence. The petitioner undertakes that he will cooperate during trial. 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 O.P. No. 2 , 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 Miss Nutan Kumari, learned Judicial Magistrate-Ist Class, Danapur in connection with Maner P.S. Case No. 334 of 2019.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

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