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Patna High Court - Orders

Hasib @ Md. Hasib vs The State Of Bihar on 14 May, 2019

Author: Sudhir Singh

Bench: Sudhir Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25962 of 2019
                    Arising Out of PS. Case No.-48 Year-2018 Thana- MAHILA P.S. District- Kishanganj
                 ======================================================
                 Hasib @ Md. Hasib Son of Atabul Resident of Village- Koia, P.S.- Jiya
                 Pokhar, District- Kishanganj.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ram Prawesh Kumar
                 For the Opposite Party/s :       Mr.Mukeshwar Dayal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                       ORAL ORDER

3   14-05-2019

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 498A, 323, 506/34 of the Indian Penal Code and ¾ of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 21-12-2018. The petitioner has falsely been implicated in the present case due to petty family dispute. 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.25962 of 2019(3) dt.14-05-2019 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 Complaint Case/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 learned Sub Divisional Judicial Magistrate, Kishanganj in connection with Kishanganj Mahila P.S. Case No. 48 of 2018.

(Sudhir Singh, J) A.K.V.//-

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