Patna High CourtCR. MISC./45864/2018allowed

Sonu Das v. State Of Bihar And ANR

2018-07-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45864 of 2018 ======================================================

1. Sonu Das Son of Ram Prasad Das, resident of Village- Rupaspur, Nahar Par Chamar Toli (Jalalpur), P.S. Rupaspur, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar.

2. Rinki Devi W/o Sonu Das, resident of Village- Rupaspur, Nahar Par Chamar Toli (Jalalpur), P.S. Rupaspur, District- Patna. At present resident of Village- Raghopur (Mushari), P.S.- Bihta, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case initially registered under Sections-323, 147, 148, 498A, 149 of the Indian Penal Code but cognizance has been taken under Section-498A of the Indian Penal Code only.

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 is in custody since 30-05-2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses against the petitioner. The petitioner has falsely been implicated in

Patna High Court Cr.Misc. No.45864 of 2018 (2) dt.27-07-2018 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 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 Sub Divisional Judicial Magistrate, Danapur, Patna in connection with Complaint Case No. 513(C) of 2017.

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