Mukesh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6237 of 2021 Arising Out of PS. Case No.-68 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== MUKESH THAKUR SON OF PARAS THAKUR RESIDENT OF VILLAGE - PURAINA KHARG POKHARIYA, P.S. - CHANPATIA, DISTRICT - WEST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-04-2021 Heard Mr. Sanjeev Kumar Shrivastava, learned counsel for the petitioner, Mr. Zainul Abedin, learned counsel for the informant and Mr. Amitesh Kumar, learned counsel appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Chanpatia P.S. Case No. 68 of 2020 registered for the offence under Section 498 (A) / 120 (B) of the I.P.C. The allegation against the petitioner is that marriage of the informant was solemnized with the petitioner in the year 2018 and after some time the petitioner along with his family members started demanding dowry by way of golden chain and cash of Rs. 3,00000/- and due to non fulfillment of demand the petitioner and other accused persons tortured the informant

Patna High Court CR. MISC. No.6237 of 2021(2) dt.09-04-2021 2/3 physically as well as mentally. It has further been alleged that the petitioner has performed second marriage at Mumbai. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and has falsely been implicated in this case due to some family dispute. Learned counsel further submits that allegations against the petitioner and other accused persons are general and omnibus in nature and petitioner is ready and willing to keep his wife with all care, honour and dignity and he has not performed second marriage as alleged by the informant. Learned counsel next submits that petitioner is in custody since 18.08.2020 and charge sheet has already been submitted.

On the other hand, learned counsel for the informant submits that informant is also ready and willing to live with the petitioner as his wife, if she is not tortured again by the petitioner.

Having regard to the submissions made by learned counsel for the parties and taking into consideration the materials available on record, the nature of allegation and the fact that allegation is general and omnibus in nature, petitioner is in custody since 18.08.2020, the case is triable by Magistrate and charge sheet has already been submitted, I am inclined to

Patna High Court CR. MISC. No.6237 of 2021(2) dt.09-04-2021 3/3 grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Chanpatia P.S. Case No. 68 of 2020.

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

(Anil Kumar Sinha, J) praful/- U T