Pawan Kumar @ Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36062 of 2021 Arising Out of PS. Case No.-149 Year-2019 Thana- MORKAHI District- Khagaria ====================================================== PAWAN KUMAR @ ABHISHEK KUMAR Son of Sikendra Sah Resident of Village - Marar Uttari, P.S.- Morkahi, District - Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Sumiran Rai, Adv.
For the Opposite Party/s :
Ms. Sanjeeta Sharma, APP for the informant : Mr. Radhe Shyam, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-12-2021 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 498A, 494 and other sections of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.
As per the prosecution case, the petitioner who is the husband of the informant is stated to have tortured the informant for demand of dowry of a motorcycle etc. It is submitted by learned counsel for the petitioner that the allegations are false and concocted. The petitioner has been falsely implicated in the case. Section 494 of the of the Indian Penal Code is bailable. The petitioner is in custody since 15.12.2020 and chargesheet has been submitted in the case.
Patna High Court CR. MISC. No.36062 of 2021(2) dt.23-12-2021 2/2 The application for bail of the petitioner is opposed by learned A.P.P. for the State and learned counsel for the informant.
Learned counsel for the informant submits that the petitioner is the husband of the informant and there is direct allegation against him and he is not cooperating in the maintenance case pending in the learned trial Court. Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for over 1 year, the Court directs the petitioner to be enlarged on bail in connection with Morkahi P.S. Case no. 149 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Khagaria. It is further directed that the petitioner shall cooperate and abide by the orders/directions passed in the maintenance case.
Bibhash (Partha Sarthy, J) U