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Patna High CourtCR. MISC./41451/2023allowed

Chhotu Kumar @ Chhotu Rai v. The State Of Bihar

2023-11-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41451 of 2023 Arising Out of PS. Case No.-604 Year-2022 Thana- MANER District- Patna ====================================================== CHHOTU KUMAR @ CHHOTU RAI S/O UJAGIR RAI @ UJAGI RAI R/O Village- Sadikpur Bagicha, P.S- Maner, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 498A, 306 of the Indian Penal Code.

3. As per FIR, the informant alleged that the petitioner and co-accused persons used to torture her due to nonfulfillment of dowry demand and ousted her from the house due to which her daughter used to live in her parental house. Thereafter, all accused persons came at the maike of the deceased, demanded and pressured to fulfill the dowry demand due to which the deceased in mental pressure committed suicide by hanging herself in fan.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.41451 of 2023(3) dt.01-11-2023 2/2 petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is husband of the deceased due to which he has falsely been implicated in this present case. The informant is not an eye witness of the alleged occurrence and there is no specific allegation levelled against the petitioner. During investigation, no consistent evidence has come out against the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 22.10.2022.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Maner P.S. Case No. 604 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist, Class, Danapur at Patna.` (Sunil Kumar Panwar, J) Manishkr/- U T