Patna High CourtCR. MISC./45706/2018allowed

Umesh Sah v. State Of Bihar And ANR

2018-07-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45706 of 2018 ====================================================== Umesh Sah, Son of Sri Mahanth Sah, Resident of Village- Golaghat Dumari, P.S.- Jogapatti, District- West Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. Saraswati Devi, Wife of Umesh Sah and Daughter of Sri Gopi Sah, Resident of Village- Pashchimi Kargahiya, P.S.- Bettiah Town (Kalibag), District- West Champaran.

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Uday Pratap 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 registered under Sections-498A, 341, 323, 379/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

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 14-05-2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by

Patna High Court Cr.Misc. No.45706 of 2018 (2) dt.27-07-2018 the Magistrate. Charge sheet has already been submitted in this case. 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, West Champaran, Bettiah in connection with Bettiah Town P.S. Case No. 90 of 2015.

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