The Patna High Court granted bail to the petitioner, an accused in a dowry-related case, directing him to furnish a bail bond of Rs.10,000 with two sureties to the Additional Chief Judicial Magistrate, East Champaran.
Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20160 of 2018
Arising Out of PS.Case No. -724 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI)
====================================================== Prakash Ram, S/o Sri Prayag Ram, R/o Mohalla- Sadar Hospital Campus , Motihari, District- East Champaran.
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Md. Waliur Rahman, Advocate. For the Opposite Party : Mr. Nand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
The petitioner is languishing in custody since 13.10.2017 in a case for the offence registered under Sections 341, 323, 324, 498(A), 504 and 506 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
Patna High Court Cr.Misc. No.20160 of 2018 (2) dt.10-04-2018
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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 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 A.C.J.M.-II, East Champaran, Motihari, in connection with Motihari Town P.S. Case No. 724 of 2017.
U.K./U T
(Sudhir Singh, J)
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving Sections 341, 323, 324, 498(A), 504 and 506 of the IPC.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharRelied on¶12
2006(3) PLJR 182
Prakash Ram
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
