This criminal miscellaneous petition sought bail for the petitioner languishing in custody. The court granted bail on furnishing a bond and two sureties of Rs. 10,000/- each to the learned S.D.J.M., Danapur, Patna.
Petitioner released on bail on furnishing 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.17484 of 2018
Arising Out of PS.Case No. -298 Year- 2017 Thana -PALIGANJ District- PATNA
======================================================
Sri Niraj Kumar @ Niraj Kumar, S/o Late Vijay Singh @ Vijay Verma, R/o Village- Masaurhi Kala, P.S.- Paliganj, District- Patna.
.... .... Petitioner
Versus
.... .... Opposite Parties
====================================================== Appearance : For the Petitioner : Mr. Bhaskar Shankar, Advocate. For the State : Mr. Sakir Ahmad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 27-03-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is languishing in custody since 24.11.2017 in a case for the offence registered under Sections 498(A), 341, 323, 307, 494 and 504/34 of the IPC.
The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the
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petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. There is no medical examination report in support of offence under Section 307 of the IPC. Charge sheet has also not been submitted for offence under Section 307 of IPC. Rests of the offences are triable by the Magistrate. The petitioner has further 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 learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.
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 the learned S.D.J.M., Danapur, Patna, in connection with Paliganj P.S. Case No. 298 of 2017.
(Sudhir Singh, J)
U.K./U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving offences under Sections 498(A), 341, 323, 307, 494 and 504/34 IPC.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, 2006(3) PLJR 182Relied on¶19
Niraj Kumar @ Niraj Kumar
The State of Bihar
Chanchala Devi
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
