Patna High CourtCR. MISC./25504/2018bail granted

Prabhu Sah v. The State Of Bihar

2018-04-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25504 of 2018 Arising Out of PS.Case No. -321 Year- 2017 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Prabhu Sah Son of Sri Saral Sah Resident of Village- Fulwaria, Boring Tola, P.S.- Lauriya, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections-341, 323, 307, 498-A, 504, 506 of the Indian Penal Code and 37 (C) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 10-11-2017. Charge sheet has already been submitted in this case. There is no medical examination report in support of the allegation made for the

Patna High Court Cr.Misc. No.25504 of 2018 (2) dt.27-04-2018 offence u/S 307 of the Indian Penal Code. Referring to Annexure2 to this petitioner, counsel for the petitioner has submitted that the present matter has already been compromised between the parties. 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/F.I.R.

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 learned Special Judge, Excise, West Champaran in connection with Lauriya P.S. Case No. 321 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T