Patna High CourtCR. MISC./7366/2018bail granted

Rakesh Kumar Thakur v. State Of Bihar And ANR

2018-02-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7366 of 2018 Arising Out of PS. Case No.-795 Year-2016 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== Rakesh Kumar Thakur S/o Suresh Thakur , R/o Pasraha, P.S.- Pasraha, District- Khagaria.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Seema Devi W/o Rakesh Kumar Thakur D/o Subhunklal Thakur, R/o Pasraha, P.S.- Pasraha , Distt.- Khagaria at present Thakur/Resident of Vishwkarma Nagar Pakrail , P.S.- Maheshkhutt , District- Khagaria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Manoj Kumar Pandey, Advocate For the State1 :

Mr. RAM PRIYA SARAN SINGH, APP For opposite party No.2 :

Mr. Shekhar Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-02-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner seeks bail in a case registered under Sections 498A, 494/34 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-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.11.2017 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

Patna High Court Cr.Misc. No.7366 of 2018(2) dt.06-02-2018 2/2 case is triable by the Magistrate. 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 oppoiste party No.2, 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.795C of 2016. (Sudhir Singh, J) Narendra/- U T