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Patna High CourtCR. MISC./38259/2021bail granted

Suraj Kumar @ Punit Kumar v. The State Of Bihar

2021-12-13Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38259 of 2021 Arising Out of PS. Case No.-128 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

Suraj Kumar @ Punit Kumar Son of Munna Singh Resident of VillageNawrangabad, P.S.- Sadar Hajipur, District- Vaishali. 2.

Munna Singh Son of Ram Babu Singh Resident of Village- Nawrangabad, P.S.- Sadar Hajipur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with Hajipur Sadar P.S. Case No. 128 of 2021 instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 307, 504, 506 and 379 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act.

Learned counsel for the petitioners submits that the petitioners are in custody since 20.02.2021, are persons with clean antecedent and charge-sheet has been submitted in the case.

Learned counsel for the petitioners submits that from

Patna High Court CR. MISC. No.38259 of 2021(2) dt.13-12-2021 2/3 perusal of the allegation as alleged in the F.I.R. it would manifest that the informant alleges that she was married to petitioner no. 1 on 07.02.2021 and when she reached her matrimonial home, she was not allowed to enter the house as family members of the petitioner no. 1 demanded Rs. 5 lakhs as dowry and when the same was protested it is alleged that all the accused persons including the petitioners assaulted her by iron rod on head.

Learned counsel for the petitioners submits that the nature of injury is found to be simple. Further, it is submitted that father of the informant had kidnapped petitioner no. 1 with a purpose to marry him with the informant but when the petitioner no. 1 refused to marry, the father of the informant along with others came to the house of the petitioners and assaulted Lakshmi Devi, wife of Munna Singh (petitioner no. 2) for which a complaint case was instituted as stated in paragraph '7' of the bail application.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioners.

Considering the fact that the petitioners are in custody since 20.02.2021, charge-sheet has been submitted in the case, the petitioners are persons with clean antecedent and the nature

Patna High Court CR. MISC. No.38259 of 2021(2) dt.13-12-2021 3/3 of injury found is simple, let the petitioners above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate in connection with Hajipur Sadar P.S. Case No. 128 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T