This oral order grants bail to the petitioner in a case involving dowry torture charges under Sections 498(A) and 313 IPC, directing him to furnish a bond of Rs. 10,000 with two sureties.
Release of petitioner on bail on furnishing bonds of Rs. 10,000 with two sureties each.
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.25124 of 2018
Arising Out of PS.Case No. -12 Year- 2018 Thana -MAHILA P.S. District- PATNA
====================================================== RAUSHAN CHAUDHARY @ ROSHAN CHAUDHARY, S/o Late Ram Babu Chaudhary, R/o Vill.- Kaushal Nagar Polo Road, Quarter No. 62, P.S.- Habaiadda, District- Patna.
.... .... Petitioner
Versus
The State of Bihar
.... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Ajay Kumar Sinha, Advocate. For the Opposite Party : Mr. Akbar Ali, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
The petitioner is languishing in custody since 30.01.2018 in a case for the offence registered under Sections 498(A) and 313 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.25124 of 2018 (2) dt.25-04-2018
2/2
petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. 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 J.M. Ist Class, Patna, in connection with Mahila P.S. Case No. 12/2018 of District Patna.
U.K./U T
(Sudhir Singh, J)
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving offences under Sections 498(A) and 313 IPC.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharReferred¶15
2006(3) PLJR 182
Raushan Chaudhary @ Roshan Chaudhary
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
