Shashi Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32772 of 2022 Arising Out of PS. Case No.-375 Year-2021 Thana- LAUKAHA District- Madhubani ====================================================== SHASHI BHUSHAN KUMAR Son of Ram Pravesh Mahto Resident of Village - Majhaura, P.s.- Laukaha, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Prasad Singh For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Petitioner seeks regular bail in a case registered for the offences punishable under Sections 498A, 307 and other allied sections of the Indian Penal Code.

As per allegation the petitioner who happens to be husband of the informant, physically and mentally tortured his wife for demand of Rs 2 lakh and vehicle and thereafter informant informed her parents regarding the alleged rude behaviour and then her father came at her sasural but he was misbehaved and his vehicle was damaged by the petitioner and his family members by pelting stones and as per allegation, accused persons including the petitioner tried to kill her by pressing her neck but she was saved by neighbour. The main submissions advanced by Sri Jitendra Prasad

Patna High Court CR. MISC. No.32772 of 2022(2) dt.02-09-2022 2/2 Singh, the learned counsel appearing for the petitioner are that injury report of the informant goes to show that she sustained bruises and swelling on her body and the said injury has been opined to be simple in nature, hence, allegation of attempting to kill her by the petitioner and his family members as alleged in the FIR is completely false and the present case relates to simple Marpit or physical torture. Further submission is that investigation has been completed in respect of the petitioner and he has been languishing in jail since 04.12.2021.

Sri Nitya Nand Tiwary, learned APP appearing for the State has opposed the prayer for bail.

Having regard to the facts and circumstances of the case and mainly taking into account petitioner's custody period and stage of his case, in the opinion of this court, a lenient approach can be taken in respect of the petitioner. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Jhanjharpur District Madhubani in Laukaha P.S Case No. 375 of 2021.

(Shailendra Singh, J) s.hassan/- U T