Sujit Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41134 of 2020 Arising Out of PS. Case No.-177 Year-2020 Thana- BIHTA District- Patna ====================================================== Sujit Thakur S/o Late Ganauri Thakur @ Ram Narayan Thakur R/o VillageSimri, P.S.-Bihta, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brisketu Sharan Pandey, Advocate For the Opposite Party/s :

Mr. Akash Keshav Shashwat, APP For the Informant :

Mr. Vishal Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-03-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Bihta P.S. Case no. 177 of 2020 registered under sections 304B and 34 of the Indian Penal Code.

As per allegation in the FIR, the sister of the informant was married to the son of the petitioner herein. The accused persons including the petitioner herein started to torture the informant's sister for non-fulfillment of demand of dowry to the tune of Rs. 1 lakh. It is stated that on 1.3.2020 the informant received information on telephone that his sister had been done

Patna High Court CR. MISC. No.41134 of 2020(2) dt.17-03-2021 2/3 to death.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and incorrect. Soon after the marriage, the petitioner along with his wife had separated and were living separately. They had no concern with the affairs of the family of their son and the deceased daughterin-law. The allegations are general and omnibus in nature. The petitioner has no criminal antecedent and is in custody since 10.5.2020. It is submitted that mother-in-law i.e. the wife of the petitioner has been enlarged on regular bail vide order dated 10.7.2020 (Annexure P/2) passed in Cr. Misc. no. 21546 of 2020.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that not only the petitioner is named in the FIR, but there is direct allegation against him of demand of dowry and torture which has been supported by the statement of witnesses in course of investigation. Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with his being in custody since 10.5.2020 and grant of bail to the mother-in-law of the deceased, the Court

Patna High Court CR. MISC. No.41134 of 2020(2) dt.17-03-2021 3/3 is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Bihta P.S. Case no. 177 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st Class, Danapur.

(Partha Sarthy, J) Prakash/- U