Bijay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6167 of 2023 Arising Out of PS. Case No.-216 Year-2022 Thana- DHURAIYA District- Banka ====================================================== Bijay Singh S/O Shyamlal Singh R/- Sanathan, P.S.- Pathargama, DistrictGodda (Jharkhand) ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Dhoraiya P.S. Case No.216 of 2022 registered for the offence under Sections 498-A, 494, 323, 504, 506 and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The accused/petitioner is named in the F.I.R. and is in custody since 28.10.2022.

The allegation against the petitioner is to commit cruelty against informant and also to solemnize second marriage during lifetime of informant without getting his marriage dissolved with informant under due process of law and also to raise demand for dowry, as raised for cash of Rs.3,00,000/-

Patna High Court CR. MISC. No.6167 of 2023(3) dt.20-06-2023 2/3 (Rupees Three Lakh) and one motorcycle.

Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in the present case as no such demand of dowry as alleged was raised ever by this petitioner or his family members. It is submitted that petitioner is ready to keep informant/wife with all her respect and dignity and statement of this effect was made on affidavit vide paragraph 8 of the present bail petition. It is further submitted that petitioner is ready to compromise this matter with informant. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above and by taking note of the nature of accusations coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 28.10.2022, let above named petitioner is directed to be released on bail in connection with Dhoraiya P.S. Case No.216 of 2022 on furnishing bail bond of

Patna High Court CR. MISC. No.6167 of 2023(3) dt.20-06-2023 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T