Amrendar Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51698 of 2021 Arising Out of PS. Case No.-64 Year-2019 Thana- MAHILA PS District- East Champaran ====================================================== AMRENDAR KUMAR SINGH Son of Krishna Singh Resident of VillageHarihara, P.S.- Shikarganj (O.P.), District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sanju Kumari Daughter of Ramjee Singh Resident of Village- Jasauli Patti Tola Maduaha, P.S.- Kotwa, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Bharat Lal, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-11-2021 Heard learned counsel for the petitioner, the State and the informant.

The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 498A/34 and other ancillary sections of the Indian Penal Code and under sections 3⁄4 of the Dowry Prohibition Act.

As per the prosecution case, petitioner and his family members subjected the victim to cruelty and harassment for non-fulfilment of demand of dowry. It is further alleged that the petitioner caused knife injury on the head of the victim. While denying the allegation, learned counsel for the petitioner submits that the incident of giving knife injury happened on the spur of moment and there was no preoccupied

Patna High Court CR. MISC. No.51698 of 2021(2) dt.30-11-2021 2/2 motive behind the same. However, the injury was found to be simple in nature. More so, for the occurrence of 24.10.2019, FIR was lodged on 4.11.2019 and there is no explanation of delay in this regard. Petitioner is in custody since 28.6.2021. Learned counsel for the State and informant oppose the prayer for bail and submit that there is direct allegation against the petitioner that he, being husband of the victim, subjected her to cruelty and harassment for non-fulfilment of demand of dowry and he also caused knife injury on the head of the victim.

Considering the rival submissions of the parties, nature of injury and the period of custody of the petitioner, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate Sikrahana at Dhaka East Champaran in Mahila Police Station Case No. 64 of 2019.

(Prabhat Kumar Singh, J) shashi/- U T