Patna High CourtCR. MISC./2295/2018bail granted

Mukesh Rajak v. State Of Bihar And ANR

2018-01-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2295 of 2018 Arising Out of PS. Case No.-1236 Year-2014 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== Mukesh Rajak, Son of Dunmun Rajak, Resident of Village- Kumbi Sakarbasa, P.S.- Cheriya Bariyarpur, District- Begusarai. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Baby Devi, Daughter of Dhaneshwar Rajak, Resident of Murghiya Chak, (Ward No.9), P.S.- Khagaria, District- Khagaria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Syed Mojibur Rahman For the Opposite Party/s :

Mr. ANUJ KUMAR SRIVASTAVA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 498A/34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture 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 31.10.2017 and 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 due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon

Patna High Court Cr.Misc. No.2295 of 2018(2) dt.18-01-2018 2/2 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 is submitted that the petitioner is named in the complaint case.

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 S.D.J.M., Khagaria in connection with Complaint case No.1236C of 2014. (Sudhir Singh, J) Narendra/- U T