In criminal miscellaneous proceedings regarding a complaint of dowry torture, the court allowed the petitioner's bail application in a case triable by a Magistrate, directing him to furnish a bond of Rs. 10,000 with two sureties.
Petitioner released on bail on furnishing a bond 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.12733 of 2018
Arising Out of PS. Case No.-366 Year-2017 Thana- MITHANPURA District- Muzaffarpur
======================================================
Sudhir Rajak S/o Mahesh Rajak, R/o Mohalla- Kalibari Road, Tinkothiya, P.S.- Mithanpura, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. NAWAL KISHORE PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 07-03-2018
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 341, 323, 498A, 504, 506/34 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 28.11.2017 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge sheet has been submitted in this case. 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 the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul
Patna High Court Cr.Misc. No.12733 of 2018(2) dt.07-03-2018 2/2
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 S.D.J.M. East, Muzaffarpur in connection with Mithanpura P.S. case No.366 of 2017.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving dowry torture allegations.
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
Sudhir Rajak
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
