Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37440 of 2023 Arising Out of PS. Case No.-117 Year-2023 Thana- SANGRAMPUR District- East Champaran ====================================================== Dhiraj Kumar, Son Of Ramesh Patel @ Ramesh Raut, Vill Sangrampur Imiliya Tola, Ps- Sangrampur, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

Soni Kumari, Wife of Dhiraj Kumar, Resident Of Village- Sangrampur Imiliya Tola, Ps- Sangrampur, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar, Advocate For the Opposite Party/s :

Mrs. Meena Singh, APP ====================================================== 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 Sangrampur P.S. Case No. 117 of 2023 dated 29.03.2023 registered for the offences punishable u/ss 498A, 341, 342, 323, 307, 308 and 504 read with Section 34 of the Indian Penal Code and u/s 3/4 of the D.P. Act. As per the prosecution case, the petitioner and the coaccused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of Rs.

Patna High Court CR. MISC. No.37440 of 2023(2) dt.28-06-2023 2/2 50,000/- as dowry. The petitioner and the co-accused persons assaulted the informant with slotted-spoon with intent to kill due to which she sustained cut and bleeding injury. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither demanded any dowry nor tortured the informant. The petitioner has got clean antecedent as stated in para 3 of the bail petition. He has further submitted that the petitioner is the husband of the informant who is in custody since 29.03.2023. 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 above-named, 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, Motihari, East Champaran in connection with Sangrampur P.S. Case No. 117 of 2023.

The application stands allowed.

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