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Patna High CourtCR. MISC./4763/2020bail granted

Rohit Kumar @ Rohit Yadav v. The State Of Bihar

2020-01-23Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4763 of 2020 Arising Out of PS. Case No.-91 Year-2017 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== ROHIT KUMAR @ ROHIT YADAV Son of Uma Kant Yadav Resident of Village - Baniyadda, P.S.- Sanokhar, Distt - Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jhumri Kumari D/o Jabuni Yadav, Wife of Rohit Kumar @ Rohit Yadav Resident of Village - Baniyadda, P.S.- Sanokhar, Distt - Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Complaint Case No. 91 of 2017, registered for the offence punishable under Sections 323, 307, 498A, 504 of the Indian Penal Code and Section 3 /4 of the Dowry Prohibition Act. The allegation is regarding demand of dowry by the petitioner, who happens to be the husband of the informant and on account of non-fulfillment of the same, he is said to have assaulted his wife.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case.

Patna High Court CR. MISC. No.4763 of 2020(2) dt.23-01-2020 2/2 It is submitted that the petitioner is having a clean antecedent and he is languishing in custody since 26.7.2019. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, as also taking into account the period of incarceration of the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bhagalpur in connection with Complaint Case No. 91 of 2017.

It is further directed that the petitioner shall appear before the learned court below on each and every date so fixed by the learned court below and on failure to appear on two consecutive dates, the present privilege of regular bail shall stand cancelled automatically.

(Mohit Kumar Shah, J) Ajay/- U T