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Patna High CourtCR. MISC./35692/2020bail granted

Raushan Kumar Srivastava v. The State Of Bihar

2021-09-13Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35692 of 2020 Arising Out of PS. Case No.-24 Year-2020 Thana- MAHILA PS District- East Champaran ====================================================== RAUSHAN KUMAR SRIVASTAVA Son of Murari Prasad Resident of Village- Rajepur, Police Station- Dhaka, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Devi Wife of Raushan Kumar Srivastava D/o Sukesh Prasad, At present R/o- Mohalla and P.S.- Raxaul, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhurendra Kumar, Advocate For the State :

Mr. Arun Kumar, APP For the O.P. no. 2 :

Mr Kundan Rathore, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 498A, 494, 406 and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

As per the prosecution case, it is stated by the informant that soon after the marriage the accused persons including the petitioner herein who happens to be the husband of the informant started to torture and assault the informant and stopped her food etc.. She was treated with cruelty and the petitioner also entered into a second marriage.

Patna High Court CR. MISC. No.35692 of 2020(6) dt.13-09-2021 2/2 It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. He has been falsely implicated in the case and the allegations of demand of dowry, assault and bigamy are imaginary. The petitioner is in custody since 15.6.2020 and has no criminal antecedent.

Heard learned APP for the State assisted by learned counsel for the opposite party no. 2.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the provisional bail granted to the petitioner by order dated 21.12.2020, in connection with Motihari (Mahila) P.S. Case no. 24 of 2020, is hereby confirmed.

(Partha Sarthy, J) Spd/- U T