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Patna High CourtCR. MISC./13527/2022bail granted

Pawan Singh @ Pawan Kumar Singh v. The State Of Bihar

2022-05-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13527 of 2022 Arising Out of PS. Case No.-150 Year-2021 Thana- BARHARA District- Bhojpur ====================================================== PAWAN SINGH @ PAWAN KUMAR SINGH SON OF SRI ARUN SINGH RESIDENT OF VILLAGE- KESOPUR, POLICE STATION- BARHARA, DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

PUJA KUMARI W/O PAWAN SINGH @ PAWAN KUMAR SINGH, D/O HAKIM SINGH RESIDENT OF VILLAGE- KARISATH, P.S.- UDWANT NAGAR, DISTRICT- BHOJPUR (ARA) MOBILE NO. 7761003187 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Baxi S.R.P. Sinha, Sr.Adv.

Mr.Kundan Kumar Sinha For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-05-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Sections 498(A) / 34 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act. As per the prosecution case, the petitioner, who is husband of informant, alongwith his family members demanded Rs. 2,00,000/- (Two Lacs) from father of informant for opening of Samsung shop for the petitioner and due to non-fulfillment of the same, petitioner and his family members committed torture on the informant.

It is submitted that petitioner is innocent and has committed no offence. The entire prosecution case is false and

Patna High Court CR. MISC. No.13527 of 2022(3) dt.17-05-2022 2/2 concocted and no case under Section 498(A) of I.P.C. and section 3 /4 of Dowry Prohibition Act is made out against him. Petitioner is still ready to keep the informant, as his wife, with full honour and dignity. Petitioner is in custody since 13.12.2021. Investigation is complete.

However, learned counsel for the informant vehemently opposed the prayer for bail and submitted that petitioner is husband of informant and there is specific allegation of demand of dowry and committing torture against him.

Considering the aforesaid facts & circumstances as well as period of custody, let the petitioner, as named 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 learned Chief Judicial Magistrate , Bhojpur at Ara / concerned court in connection with Barhara P.S. Case No. 150 of 2021.

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