Patna High CourtCR. MISC./2321/2018bail granted

Gyanchand Prasad v. State Of Bihar And ANR

2018-01-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2321 of 2018 Arising Out of PS. Case No.-513 Year-2016 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Gyanchand Prasad, Son of Late Chhedu Ram alias Gahnu Ram, Resident of Mohalla- Manpur Pehani Gabari Per, Police Station- Buniyadganj, DistrictGaya. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Gauri Devi, Wife of Deepak Kumar, D/o Dhaneshwar Prasad, R/o MohallaManpur Pehani Gabriper, P.S.- Buniyadganj, District- Gaya, Present R/o Manpur Pehani Purani Madarsa, P.S.+P.O.- Buniyadganj, District- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Singh For the Opposite Party/s :

Mr. ABHAY KUMAR - 1 ====================================================== 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 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-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.11.2017. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. The complainant is in habit of instituting similar cases against the petitioner and his family

Patna High Court Cr.Misc. No.2321 of 2018(2) dt.18-01-2018 2/2 members. 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, 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., Gaya in connection with Complaint case No.513 of 2016 corresponding to Trial No.2651 of 2017.

(Sudhir Singh, J) Narendra/- U T