Avinash Kumar @ Nitin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36860 of 2023 Arising Out of PS. Case No.-444 Year-2020 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== AVINASH KUMAR @ NITIN Son of Sunil Ray Resident of village - Kurji More Gate No. 64, P.S. - Digha, Distt. - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Saina Kumari Wife of Avinash Kumar @ Nitin, D/o Jitendra Ray Residing at Sultanpur, Koiri Tola, P.S. - Danapur, distt. - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Complaint Case No. 444(C)/2020 dated 10.6.2020 registered for the offence punishable u/s 498A of the Indian Penal Code. As per the prosecution case, the petitioner and the other co-accused persons are alleged to have tortured the complainant due to non-fulfilment of demand of dowry. Further,

Patna High Court CR. MISC. No.36860 of 2023(2) dt.28-06-2023 2/2 they ousted her from the matrimonial home.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner neither demanded dowry nor tortured the complainant. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.3.2023 who is the husband of the complainant. . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Danapur, Patna in connection with Complaint Case No. 444(C)/2020.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T