Birendra Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52242 of 2018 Arising Out of PS. Case No.-818 Year-2013 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Birendra Sah, S/o Achhelal Sah, resident of Village- Barwa Khurd, P.S.- Kundwa Chainpur, District- East Champaran.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Nirmala Devi, W/o Birendra Sah, Resident of Village- Barwa Khurd @ Barwa, P.S.- Kundwa Chainpur, District- East Champaran presently resident of Village- Bhitharwa, P.S.- Patahi, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Singh For the Opposite Party/s :

Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 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 6.6.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family

Patna High Court Cr.Misc. No.52242 of 2018(2) dt.04-09-2018 2/2 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 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 S.D.J.M., Sikrahana, Motihari in connection with Complaint Case No. 818/2013 (Tr. No. 1326 of 2013). (Sudhir Singh, J) Pankaj/- U T