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Patna High CourtCR. MISC./31706/2024bail granted

Rahul Kumar Giri @ Rahul Giri v. The State Of Bihar

2024-05-06Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31706 of 2024 Arising Out of PS. Case No.-3 Year-2019 Thana- BHELDI District- Saran ====================================================== Rahul Kumar Giri @ Rahul Giri SON OF LATE PUNESHWAR GIRI @ PUNKAL GIRI R/O- VILL - TARIYA CHAND CHOWK, P.S- BHELDI, DISTT- SARAN AT CHAPRA ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

MADHUMALA DEVI WIFE OF RAHUL KUMAR GIRI @ RAHUL GIRI R/O - VILL- CHAND CHOWK, P.S- BHELDI, DISTT- SARAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bheldi P.S. Case No. 03 of 2019 dated 04.01.2019 registered for the offences punishable u/ss 341, 323, 379, 494, 498A read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused person are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of Rs. 5, 00,000/- as dowry and ousted her from the matrimonial home. It is further alleged that the petitioner has solemnized second

Patna High Court CR. MISC. No.31706 of 2024(2) dt.06-05-2024 2/2 marriage with another lady.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the informant and he has no concern with the alleged offence. The petitioner neither demanded any dowry nor tortured the informant. There is general and omnibus allegation against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Bheldi P.S. Case No. 03 of 2019.

7. The application stands allowed.

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