Rajesh Gond @ Ganesh Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38983 of 2024 Arising Out of PS. Case No.-143 Year-2021 Thana- BIHIA District- Bhojpur ====================================================== Rajesh Gond @ Ganesh Gond Son Of Hari Gond Resident Of VillageBharasara, P.S.- Bihiyan, Distt- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pinki Kumari Wife Of Rajesh Gond @ Ganesh Gond At Present Resident Of Village- Belwania, P.S.- Bihiyan, Distt- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bibhakar Tiwary, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP For the Informant :

Mr. Shubham Saurav, Advocate Mr. Chandan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks regular bail in connection with Bihiyan P.S. Case No. 143 of 2021 for the offences registered under Sections 498A of Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

3. As per the prosecution case, informant was subjected to cruelty and torture by her husband (petitioner) and other in-laws for non-fulfillment of demand of Rs. 50,000/-.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Opposite Party No. 2 has herself left the matrimonial house and went to her parental house. She was not subjected to

Patna High Court CR. MISC. No.38983 of 2024(3) dt.26-07-2024 2/2 cruelty or torture by the petitioner. Earlier also compromise was taken place between the petitioner and the informant. Petitioner is ready to keep the informant and the minor son with honour and dignity and to maintain them. Petitioner is in custody since 14.03.2024. Petitioner has one criminal antecedent which was instituted earlier by the informant. Charge-sheet has already been submitted in this case. There is no chance of tampering with the evidence or absconding the petitioner.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Learned counsel for the informant submits that informant also wants to live with dignity with her husband.

7. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Bihiyan P.S. Case No. 143 of 2021. (Sunil Dutta Mishra, J) rakhi/- U T