This criminal miscellaneous order grants bail to the petitioner, Ataullah, who was in custody for alleged dowry-related torture. The petitioner was released on furnishing a bond of Rs.10,000 with two sureties.
Petitioner released on bail by furnishing bonds of Rs.10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.58081 of 2017
Arising Out of PS. Case No.-510 Year-2017 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Ataullah, son of Sarfullah, resident of Village- Nakched Tola, P.S.- Motihari Town, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. AHTASH ALI KHAN ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 08-12-2017
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, 325, 324, 379/34 of the Indian Penal Code and ¾ of Dowry Prohibition Act.
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. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon
Patna High Court Cr.Misc. No.58081 of 2017(2) dt.08-12-2017 2/2
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.
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 Chief Judicial Magistrate, East Champaran at Motihari in connection with Motihari Town P.S. case No.510 of 2017.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether to grant bail to the petitioner in proceedings under sections 498A IPC and Dowry Prohibition Act
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharRelied on¶13
2006(3) PLJR 182
2 provisions across 2 enactments
Ataullah, son of Sarfullah
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
SUDHIR SINGH
Parties & counsel
