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Patna High CourtCR. MISC./16815/2025bail granted

Mangal Singh v. The State Of Bihar

2025-07-01Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16815 of 2025 Arising Out of PS. Case No.-422 Year-2021 Thana- BHORE District- Gopalganj ====================================================== Mangal Singh Son of Late Hari Singh Resident of Village - Raghua, P.S. - Uchakagaon, District - Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sushma Maurya Wife of Mangal Singh Resident of Village - Raghua, P.S. - Uchakagaon, District - Gopalganj, presently residing at D/o. Ramanand Prasad, Resident of Village - Hussepur Nawaka Tola, P.S. - Bhore, District - Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Sumit Kumar, Advocate For the State :

Mr. Kanhiya Kishor, APP For the Informant :

Ms. Dimpal Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-07-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the informant. 2.

The petitioner seeks bail in connection with Bhore P.S. Case No. 422 of 2021 instituted for the offence under Sections 341, 323, 498(A) & 504/34 of the Indian Penal Code. 3.

The informant married with the petitioner on 12.05.2021 and at the time of her Bidai, the accused demanded Rs. 3,00,000/- as dowry. After joining her matrimonial home, she was denied food, repeatedly threatened with death, and on 16.09.2021 her valuables were forcibly taken. On 17.09.2021, she was assaulted and expelled from the house, after which she

Patna High Court CR. MISC. No.16815 of 2025(4) dt.01-07-2025 2/3 returned to her parental home.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20-12-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner respectfully submits that he is innocent and has committed no offence. He is the lawful husband of the informant and is willing to keep her with dignity. The marriage took place without any dowry demand, and allegations of a second marriage, demand of Rs. 3,00,000/-, torture, and snatching of gold ornaments are false and fabricated. Earlier, the petitioner was granted anticipatory bail with a condition to pay maintenance, but due to illness and financial hardship, he could not comply and eventually surrendered before the learned court below on 20.12.2024, praying for regular bail as he is unable to pay the arrears. 6.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

7.

Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.16815 of 2025(4) dt.01-07-2025 3/3 of the case and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhore P.S. Case No. 422 of 2021, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T