Shiv Dayal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8167 of 2023 Arising Out of PS. Case No.-41 Year-2022 Thana- MAHILA P.S. District- Vaishali ====================================================== SHIV DAYAL KUMAR S/O GAJENDRA RAY R/v- Gokhulpur, P.S.- Bidupur, District- Vaishali at Hajipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

PAPPI KUMARI, W/O SHIV DAYAL KUMAR R/v- Gokhulpur, P.S.- Bidupur, District- Vaishali At present address- D/o Deokumar Ray, VillageShyampur Bairo, P.S.- Bhagwanpur, District- Vaishali at Hajipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-05-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Mahila Police Station Case No. 41 of 2022, registered for the offences punishable under Sections 341/323/379/498A/504/506/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The prosecution case, as per the First Information Report, is that the marriage of the petitioner was solemnized with the informant on 07.07.2016. After sometimes, the petitioner and the in-laws of the informant started demanding Rs. 2,00,000/- and one motorcycle as dowry and due to nonfulfillment of the said demand, the informant was tortured by the petitioner and her in-laws, both mentally as well as

Patna High Court CR. MISC. No.8167 of 2023(2) dt.10-05-2023 2/2 physically and she was also ousted from her matrimonial home. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as the petitioner is ready to keep the informant as his wife with him, but the informant is not ready to live with the petitioner. He further submits that the petitioner is in custody since 21.11.2022 and the case is triable by the Court of Magistrate. Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that the case is triable by the Court of Magistrate and the petitioner is in custody since 21.11.2022, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Vaishali, at Hajipur, in connection with Mahila Police Station Case No. 41 of 2022.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √