Binay Krishna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34627 of 2018 Arising Out of PS. Case No.-278 Year-2018 Thana- BIHTA District- Patna ====================================================== Binay Krishna, S/o Late Rameshwar Yadav, Resident of Village- Khedalpura, P.S.- Bihra, District- Patna. at present Mohalla Kankarbag Indara Nagar Ward No.2 P.S.- Kankarbag, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Kumar For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-06-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case instituted for the offences under Sections 341, 504, 498(A) and 307 of the Indian Penal Code.

Allegation against the petitioner is of committing torture and assault 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 4.4.2018. There is no allegation of tampering of witnesses alleged against the petitioner. The victim and her family members are in the habit of instituting cases for similar offence against the petitioner and his family

Patna High Court Cr.Misc. No.34627 of 2018(2) dt.19-06-2018 2/2 members. The petitioner has falsely been implicated in the present case due to petty family dispute. There is no medical report to support the allegations for constituting offence under Section 307 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 learned A.C.J.M. Danapur, Patna in connection with Bihta P.S. Case No. 278 of 2018.

(Sudhir Singh, J) Pankaj/- U T