Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33446 of 2023 Arising Out of PS. Case No.-508 Year-2022 Thana- KHARHAGPUR District- Munger ====================================================== DEEPAK KUMAR S/O BHAIRO RAM R/O Village-Teghra, P.S.-Haweli Kharagpur, District-Munger ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

PRIYANKA KUMARI W/O LATE KARAN KUMAR R/O Village-Teghra, P.S.-Haweli Kharagpur, District-Munger, at present Mohalla-Ghosi Tola, P.S.-kasim Bazar, District-Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-06-2023 Heard learned counsel appearing on behalf of the parties.

The petitioner seeks bail in connection with Haweli Kharagpur P.S. Case No. 508 of 2022 registered for the offence under Sections 341, 323, 307, 498A, 313 and 504 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 02.03.2023.

The allegation against the petitioner is to commit cruelty against informant and also to cause her miscarriage her pregnancy against her will with a further allegation to raise demand of dowry for Rs. 2,00,000/-.

Patna High Court CR. MISC. No.33446 of 2023(2) dt.23-06-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner is brother-in-law (Bhainsur) of informant and living separately much prior to this occurrence having no occasion to raise demand of dowry, and also to assault her causing her miscarriage. It is submitted that as husband of informant died in the year 2022 living 3 minor daughters, out of property share, present false implication was made. It is submitted that even the medical report is not supporting the allegation of miscarriage. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as petitioner is brother-in-law, living separately coupled with the fact that charge-sheet has already submitted, where, petitioner is in custody since 02.03.2023, let the petitioner, above named, is directed to be released on bail in connection with Haweli Kharagpur P.S. Case No. 508 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

Patna High Court CR. MISC. No.33446 of 2023(2) dt.23-06-2023 3/3 two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Munger/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T