Rajballabh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43382 of 2018 Arising Out of PS. Case No.-24 Year-2017 Thana- MAHILA P.S. District- Sheohar ====================================================== Rajballabh Sah, Son of Late Langtu Sah @Nantun Sah Resident of VillageAthakonil (Ward No. 15), P.S.- Tariyani, District- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad For the Opposite Party/s :

Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 326(A), 504 and 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 25.8.2017 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case due to petty family dispute. There

Patna High Court Cr.Misc. No.43382 of 2018(3) dt.31-07-2018 2/2 is no medical report to support the allegations for constituting offence under Section 326A of the Indian Penal Code. Rest of the offences are 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 Sessions Judge, Sheohar in connection with S. Tr. No. 35/18, G.R. No. 578/17 in connection with Mahila P.S. Case No. 24 of 2017.

(Sudhir Singh, J) Pankaj/- U T