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Patna High CourtCR. MISC./27012/2025bail granted

Mukesh Kumar Pandey v. The State Of Bihar

2025-07-04Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27012 of 2025 Arising Out of PS. Case No.-667 Year-2023 Thana- BRAHMPUR District- Buxar ====================================================== Mukesh Kumar Pandey S/O Late Virendra Pandey Resident of Village and Post and P.S.- Udwant Nagar, District- Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka Kumari D/O Vijay Shankar Mishra R/O Village and PostRaghunathpur, P.S- Brahmpur, Distt.- Saran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Anand Kumar Ojha, Advocate For the State :

Mr. Akshay Lal Pandit, APP For Opposite Party No.2 :

Mr. Alok Chaubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant/Opposite Party No. 2.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 498A, 504, 506 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. As per the prosecution case, this petitioner is alleged to have committed torture and harassment upon the informant/Opposite Party No. 2 due to non-fulfillment of demand of dowry.

5. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.27012 of 2025(2) dt.04-07-2025 2/3 petitioner, while denying the allegations made in the complaint petition, submits that the petitioner has been falsely implicated in this case merely because he is husband of the informant/Opposite Party No. 2. As a matter of fact, at no point of time, petitioner demanded any dowry or committed any torture. The petitioner is ready to keep the informant/Opposite Party No. 2 at her matrimonial house with honour and dignity. It is further submitted that the case is triable by the Magistrate. In this connection, learned counsel for the petitioner has relied upon the judgment of this Hon'ble Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. Petitioner has got no criminal antecedents and he is in custody since 11.02.2025. Moreover, charge-sheet has already been submitted.

5. Learned A.P.P. for the State and learned counsel for the informant/Opposite Party No. 2 have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the nature of accusation, period of custody and clean antecedents of the petitioner, the prayer for grant bail of to the petitioner is allowed.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten

Patna High Court CR. MISC. No.27012 of 2025(2) dt.04-07-2025 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar in connection with Brahmpur P.S. Case No. 667 of 2023.

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