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Patna High CourtCR. MISC./35844/2021bail granted

Rohit Kumar Ranjan @ Rohit Kumar Gupta v. The State Of Bihar

2022-01-05Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35844 of 2021 Arising Out of PS. Case No.-120 Year-2020 Thana- MAHILA P.S District- Supaul ====================================================== ROHIT KUMAR RANJAN @ ROHIT KUMAR GUPTA Son of Rajkumar Sah Resident of Mohalla - Anand Chowk, Ward No. 04, P.S.- Chhatapur, District - Supaul ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Murari Narain Chaudhary, Adv.

For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP For the Informant :

Mr. Pramod Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-01-2022 Heard Mr. Murari Narain Chaudhary, learned counsel for the petitioner, Mr. Parmeshwar Mehta, Additional Public Prosecutor for the State and Mr. Pramod Mishra, learned counsel for the informant through video conferencing. Petitioner seeks regular bail in connection with Mahila (Supaul) PS Case No. 120/2020 registered for the offence punishable under Sections 498(A), 341, 323, 506, 504/34 of the IPC as well as under Section 3⁄4 of the Dowry Prohibition Act.

As per First Information Report, the petitioner married with the informant on 27.04.2018 and after some time demanded Rs. 5 Lacs cash and ornaments of Rs. 3 Lacs and due to non fulfillment of the demand of dowry, the informant was

Patna High Court CR. MISC. No.35844 of 2021(2) dt.05-01-2022 2/3 tortured physically as well as mentally.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. Learned counsel further submits that petitioner has filed a Matrimonial Miscellaneous Case bearing No. 12/2020 under Section 9 of Hindu Marriage Act for restitution of conjugal rights but the informant is not ready to live with the petitioner. It is also submitted that petitioner is in custody since 12.02.2021. On the other hand, learned counsel for the informant submits that petitioner being husband along with his family members demanded dowry after marriage and due to non fulfillment of the same, the informant was tortured and ousted from her matrimonial home while she was staying along with petitioner at Ludhiana.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 12.02.2021, chargesheet has been submitted and a Matrimonial Case is pending between the parties, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, ROHIT KUMAR

Patna High Court CR. MISC. No.35844 of 2021(2) dt.05-01-2022 3/3 RANJAN @ ROHIT KUMAR GUPTA be released 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 SDJM, Supaul/concerned court in connection with Mahila (Supaul) PS Case No. 120/2020.

(Anil Kumar Sinha, J) perwez U T