The High Court at Patna granted bail to Ramji Sah in a case involving dowry-related offences and assault. He was to furnish Rs.10,000 bonds with two sureties of similar amount.
Release on bail with bond of Rs.10,000 and two sureties of similar 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.23847 of 2018
Arising Out of PS. Case No.-206 Year-2013 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran
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Ramji Sah @ Raji Sah son of Jayphar resident of village - Bara Parewa, P.S. - Raxaul, District - East Champaran.
Versus
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 24-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 504, 379, 498A, 307/34 of the Indian Penal Code and Sections ¾ of the Dowry Prohibition Act.
Allegation against the petitioner is of committing torture and assault 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 8.1.2018 and has got no criminal antecedent. There is no allegation of tampering of
Patna High Court Cr.Misc. No.23847 of 2018(2) dt.24-04-2018 2/2
witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. There is no medical report to support the allegations for constituting offence under Section 307 of the Indian Penal Code. Rest of the offences are triable by the Magistrate. The petitioner has 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 State, it is submitted that the petitioner is named in the F.I.R/complaint case.
Considering the aforesaid facts and circumstances, it is directed that 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 learned learned S.D.J.M., Raxaul at Motihari, East Champaran in connection with Trial No. 1988/2017 (arising out of Complaint Case No. C-206/2013).
(Sudhir Singh, J)
Pankaj/-
1 issue framed by the court
Whether the petitioner is eligible for bail by furnishing bonds and sureties in the present criminal case.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182Referred¶15
3 provisions across 3 enactments
Ramji Sah @ Raji Sah
The State of Bihar
Runa Devi
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
