Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9564 of 2022 Arising Out of PS. Case No.-20 Year-2021 Thana- MAHILA P.S. District- Rohtas ====================================================== MUKESH KUMAR Son of Manoj Kumar Resident of Village - Chandrabhanpur, Police Station - Kargahar, District - Rohtas at Sasaram. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
PUSHPA DEVI Daughter of Ramraj Ram At present address Resident of Village - Takia, Near Galaxy Convent School, House owner of Shri Vikramaditya Singh, Resident of Vaisha Bhawan, Sasaram, Rohtas, permanent address Resident of Village - Mushahebpur, P.O. - Samardiha, Police Station - Sasaram, District - Rohtas at Sasaram. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghunandan Kumar Singh For the Opposite Party/s :
Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-04-2023 Heard learned counsels for the petitioner and learned A.P.P. for the State. Nobody appears on behalf of O.P. No.2. The petitioner is apprehending his arrest in connection with a case registered under Sections 323, 498(A) and some other ancillary Sections of the I.P.C. and 3/4 of the D.P. Act. 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 has falsely been implicated in the present case due to petty family dispute. There is no
Patna High Court CR. MISC. No.9564 of 2022(12) dt.27-04-2023 2/2 allegation of tampering with the witnesses alleged against the petitioner. The petitioner is the husband of the victim. The case is triable by the Magistrate. 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. Petitioner has got clean antecedent.
On behalf of the learned counsels for the State and the opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.
Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Rohtas, Sasaram in connection with Mahila PS case No. 20/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T