Deepesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21808 of 2022 Arising Out of PS. Case No.-217 Year-2021 Thana- SIMRI District- Darbhanga ====================================================== DEEPESH KUMAR Son of Shri Jibachh Thakur Resident of Village - Pandaul, P.s.- Pandaul, Distt.- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rani Kumari D/o Dipu Sharma Resident of Village - Mishrauli, P.S.- Simri, Distt.- Darbhanga.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Miss Kusum Rani For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 341, 323, 307 and 498A read with 34 of the I.P.C and 3 and 4 of Dowry Prohibition Act. As per the prosecution case, marriage of the informant was solemnized with the petitioner. After marriage the petitioner and her in-laws started demanding Rs. 2 lacs , Rs. 80,000 and

Patna High Court CR. MISC. No.21808 of 2022(2) dt.04-08-2022 2/3 Rs. 10 lacs as dowry but due to non-fulfillment of the said demand of dowry, the informant was tortured. The petitioner and co-accused persons used to assault her and also tried to burn her alive by pouring kerosene oil. The petitioner and the coaccuseds came to the paternal house of the informant in the night and also tried to strangulate her and they fled away. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The injury inflicted by the petitioner to the informant is simple in nature caused by hard and blunt substance and the said injury does not show that it is dangerous to life, limb or health.

The petitioner has clean antecedent as stated at para 3 of the bail petition. The petitioner is in custody since 28.02.2022. The petitioner is the husband of the informant. Learned A.P.P. for the State as well as learned counsel for the informant Shri Akhilesh Kumar have opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.21808 of 2022(2) dt.04-08-2022 3/3 learned Additional Chief Judicial Magistrate-IV, Darbhanga, in connection with Simri P.S. Case No. 217 of 2021. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T