Patna High CourtCR. MISC./7137/2018bail granted

Ashutosh Sah @ Pappu Sah @ Ashutosh Kumar Sah v. State Of Bihar And ANR

2018-02-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7137 of 2018 Arising Out of PS. Case No.-713 Year-2015 Thana- COMPLAINT CASE District- Banka ====================================================== Ashutosh Sah @ Pappu Sah @ Ashutosh Kumar Sah S/o Girdhari Prasad Sah, R/o Dhonihat, P.S.- Rajoun, District- Banka.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sheela Devi W/o Ashutosh Kumar Sah @ Ashutosh Sah @ Pappu Sah, R/o Village- Baratikar, P.S.- Rajoun, District- Banka. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. NAWAL KISHORE PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 498A, 323, 494 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 04.12.2017 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 the judgment of this Court in the case of Md. Naimul Haque

Patna High Court Cr.Misc. No.7137 of 2018(2) dt.06-02-2018 2/2 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 A.C.J.M. 1st, Banka in connection with Complaint case No.713 of 2015. (Sudhir Singh, J) Narendra/- U T