← Library
Patna High CourtCR. MISC./25467/2023allowed

Raj Kumar Sah v. The State Of Bihar

2023-07-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25467 of 2023 Arising Out of PS. Case No.-367 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== Raj Kumar Sah Son Of Late Dharmnath Sah R/V- And P.O And P.S- Bakhri Bazar, Dist- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kranti Devi Wife of Raj Kumar Sah R/V- Bakhri Bazar, Ward no.12, P.SBakhri, Dist- Begusarai at present D/o Shyam Paswan, R/V- Rampur Miyan Pokhar, Ward no. 14, PS- Hasanpur, Dist- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 498A, 307, 34 of the IPC and Section 3⁄4 of the DP Act. As per prosecution case, the allegation against the accused persons including the petitioner is that they used to torture and assault the informant due to non-fulfillment of dowry demand.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.25467 of 2023(3) dt.24-07-2023 2/2 falsely been implicated in this case. The informant has already solemnized marriage with one Kanhaiya Paswan without taking divorce from her first husband and concealing this fact she performed second marriage with this petitioner. It is further submitted that he is ready to keep his wife with proper honour and dignity. Moreover, he is languishing in judicial custody since 26.11.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bakhri P.S. Case No. 367 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai. (Sunil Kumar Panwar, J) Manishkumar/- U T