Chandan Pandey @ Chandan Tiwary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23888 of 2018 Arising Out of PS. Case No.-4005 Year-2015 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Chandan Pandey @ Chandan Tiwary Son of Umesh Pandey Resident of Village- Har Prasad, P.S. Jandaha, District- Vaishali. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Khusboo Devi Wife of Chandan Pandey@ Chandan Tiwary, D/o Loli Tikulihar, Resident of Village- Har Prasad, P.S. Jandaha, District- Vaishali, at Present resident of Village- Harauli, P.S. Sadar, Hajipur, Distt. Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 498A 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 19.2.2018. There is no allegation of tampering of witnesses alleged against the petitioner. The victim is in the habit of instituting cases for similar offences against the petitioner. The petitioner has falsely

Patna High Court Cr.Misc. No.23888 of 2018(2) dt.24-04-2018 2/2 been implicated in the present case due to petty family dispute. The 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, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that 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 learned S.D.J.M., Vaishali at Hajipur in connection with Complaint Case No. C 4005/2015 (Tr. No. 6874/2015). (Sudhir Singh, J) Pankaj/- U T