In a bail petition under Section 498(A) IPC, the Patna High Court released the petitioner on bail of Rs. 10,000 with two sureties, noting he had no antecedents and no allegations of witness tampering.
Release on bail of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the S.D.J.M., Araria.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.52137 of 2017
Arising Out of PS.Case No. -1540 Year- 2016 Thana -COMPLAINT CASE District- ARRARIA
====================================================== 1. Md. Mujahid S/o Md. Belal Resident of Village Kakorwa, P.S. Palasi, District Araria.
.... .... Petitioner
Versus
.... .... Opposite Parties
====================================================== Appearance : For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
The petitioner seeks bail in a case instituted under Sections 498(A) of the Indian Penal Code.
The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.07.2017. The petitioner 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. The case is triable by the
Patna High Court Cr.Misc. No.52137 of 2017 (2) dt.09-11-2017
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Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182 .
On behalf of the state and counsel for the O.P.No.2, it has been submitted that the petitioner is named in the Complaint case.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Araria, in connection with Complaint Case No.1540C/2016.
(Sudhir Singh, J)
Amit/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case under Section 498(A) IPC instituted for dowry torture.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari Vs. The State of BiharReferred¶16
2006(3) PLJR 182
Md. Mujahid
The State of Bihar
Bibi Tabassum
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
