Rohit Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56475 of 2021 Arising Out of PS. Case No.-652 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== Rohit Kewat Son Of Kishori Kewat Resident Of Village - Charokhra, P.S.- Lakhisarai, District - Lakhisarai.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Bhim Sen Prasad, Advocate For the Opposite Party :

Mr.Rajesh Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2022 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 498A, 306/34 of the Indian Penal Code.

As per the prosecution case, informant's daughter was married to the petitioner a year before the occurrence. Petitioner subjected the victim to cruelty for fulfilment of demand of dowry and ultimately ousted her from the

Patna High Court CR. MISC. No.56475 of 2021(3) dt.29-01-2022 2/3 matrimonial house whereafter she was residing at her parental house. Informant further alleged that on 25.12.2020 his daughter talked to the petitioner on the mobile phone. Thereafter she became infuriated and committed suicide by hanging herself.

Learned counsel for the petitioner submits that there is general and omnibus allegation of demand of dowry and committing cruelty against all the accused persons and no specific overt act has been alleged against the petitioner. Further, from perusal of the FIR itself as well as from the statements of witnesses, contained in paragraphs 6, 7 and 8 of the case diary, it is clear that the informant's daughter committed suicide at her parental house and petitioner was not present at the place of occurrence. There is no allegation that this petitioner either instigated or abated her to commit suicide. After investigation, police has submitted charge sheet dated 16.9.2021 for the offence punishable under section 306 of the IPC. Petitioner is in custody since 20.7.2021. Considering the aforesaid facts and circumstances of the case, 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

Patna High Court CR. MISC. No.56475 of 2021(3) dt.29-01-2022 3/3 like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai in Lakhisarai Police Station Case No. 652 of 2020.

(Prabhat Kumar Singh, J) Shashi U T