Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40023 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- NAGAR District- Vaishali ====================================================== Dharmendra Kumar S/O Sahdeo Raut R/O Village Bhudha Colony, Andarkila, P.S.- Town Hajipur, District- Vaishali ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Nibha Ray W/O Dharmendra Kumar, D/O Late Chandeshwar Ray R/O Village Bhdha Colony, Andarkila, P.S.- Town Hajipur, District- Vaishali. Maika Add. Village- Manganpur, P.s.- Bhagwanpur, Dist.- Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vasant Vikas, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Town Hajipur P.S. Case No. 09 of 2025, instituted for the offences punishable under Sections 126(2), 115(2), 85, 109, 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, the petitioner assaulted his wife by means of iron rod on her head due to which she was inflicted with head injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.40023 of 2025(2) dt.01-07-2025 2/3 present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that the informant herself does not want to live with the petitioner because after their marriage, she completed B.Ed course and got the job of Block Teacher and then she started the disputes with the petitioner. It is further submitted that the informant, after getting her job, always created disputes with the petitioner and his family members due to income of the petitioner. On perusal of the injury report, it transpires that the injury sustained by the informant is simple in nature. It is next submitted that the petitioner is ready to keep the informant with full honour and dignity. The petitioner is in custody since 03.01.2025 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.40023 of 2025(2) dt.01-07-2025 3/3 below/concerned Court in connection with Town Hajipur P.S. Case No. 09 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T