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Patna High CourtCR. MISC./21936/2021bail granted

Sudhanshu Rai v. The State Of Bihar

2021-07-15Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21936 of 2021 Arising Out of PS. Case No.-46 Year-2020 Thana- MAHILA PS District- Buxar ====================================================== Sudhanshu Rai Son Of Akhilesh Ray Resident Of Village- Nehru Nagar (Mukherji Hata),P.S.- Ara (Town), District- Bhojpur (Ara) ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Archana Ray Daughter Of Mithilesh Ray Resident Of Village- Station Road, Near Jyoti Chouk Buxar, P.S.- Buxar (Town), District- Buxar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 498A/34 and other ancillary sections of the Indian Penal Code. As per the prosecution case, petitioner is alleged to have subjected opposite party no.2 to cruelty and harassment for non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner denies the allegation and submits that he has already filed a divorce suit in the court below and he is also ready to settle the discord with the opposite party. Petitioner is in custody since 25.12.2020.

Learned counsel appearing for the State opposes the prayer for bail.

Patna High Court CR. MISC. No.21936 of 2021(2) dt.15-07-2021 2/2 Considering the facts and circumstances of the case and the period of custody of the petitioner, let the petitioner, mentioned above, 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 Sub Divisional Judicial Magistrate, Buxar in Buxar Mahila Police Station Case No. 46 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T