Patna High CourtCR. MISC./41899/2017bail granted

Mahesh Das v. The State Of Bihar

2017-09-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41899 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -MAHILA District- MUNGER ======================================================

1. Mahesh Das, Son of Late Gainu Das, resident of Village Baraichak, Patam, P.O Patam, P.S. Naya Rama Nagar, District Munger. .... .... Petitioner

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Raj Kumar Choudhary For the Opposite Party/s : Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Mahila P.S. Case No.13/2017, G.R. No.980 of 2017 for the offence instituted under Sections 498(A)/34 of the Indian Penal Code and 3⁄4 of D.P. Act.

The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

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

Patna High Court Cr.Misc. No.41899 of 2017 (2) dt.15-09-2017 2/2 is triable by the Magistrate. The petitioner is Devar of the informant. He is separate in mess and property from the husband of the informant. The petitioner has 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 petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Mahila P.S. Case No.13/2017, G.R. No.980 of 2017 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Munger, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T