Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40404 of 2020 Arising Out of PS. Case No.-45 Year-2020 Thana- NIMACHANDPURA District- Begusarai ====================================================== ROHIT KUMAR, Son of Chhabil Sah @ Chhobil Sah, Resident of VillageBabhangama, P.S.- Birpur, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Uday Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-03-2021 Heard Mr. Sandip Kumar Gautam, learned counsel for the petitioner and Mr. Uday Pratap Singh, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Neemachandpura P.S. Case No. 45 of 2020 registered for the offences punishable under Sections 498(A), 494, 34 of the Indian Penal Code 1860 and Section 3/4 of Dowry Prohibition Act.

The allegation as per the First Information Report is that the marriage of the daughter of the informant was solemnized with the petitioner in the year 2016 and after sometime of the marriage the petitioner along with other coaccused persons started demanding Motorcycle and ornaments

Patna High Court CR. MISC. No.40404 of 2020(2) dt.03-03-2021 2/3 as dowry and due to non fulfillment of the said demand, the petitioner and other co-accused persons tortured physically as well as mentally to the daughter of the informant. It has further been alleged that the petitioner has performed second marriage during subsistence of the first marriage.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique motive. Learned counsel further submits that the allegation of demand of dowry levelled against all the family members of the petitioner is general and omnibus in nature. Learned counsel also submits that the petitioner has not performed second marriage with anybody. Learned counsel next submits that the petitioner is in custody since 17.07.2020.

Having regard to the submissions made by the parties and taking into consideration the nature of allegation and the fact that the petitioner is in custody since 17.07.2020, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III,

Patna High Court CR. MISC. No.40404 of 2020(2) dt.03-03-2021 3/3 Begusarai, in connection with Neemachandpura P.S. Case No. 45 of 2020.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T