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Patna High CourtCR. MISC./53204/2023bail granted

Pankaj Kumar v. The State Of Bihar

2023-08-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53204 of 2023 Arising Out of PS. Case No.-127 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Pankaj Kumar Son Of Yogi Rai Village Jagdishpur, Ps- Maniyari, DistMuzaffarpur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Kajal Kumari Wife Of Pankaj Kumar Resident Of Village- Jagdishpur, PsManiyari, Dist- Muzaffarpur And Daughter Of Sonelal Rai, Resident Of Village- Bhanpur Badeva, Ps- Goraul, Dist- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rupa Kumari For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Goraul P.S. Case No. 127 of 2023 dated 01.04.2023 registered for the offence punishable under Section 341, 323, 498A, 504 read with 34 of the Indian Penal Code and Section 3 and 4 of the D.P. Act.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant physically and mentally due to non-fulfillment of demand of

Patna High Court CR. MISC. No.53204 of 2023(2) dt.24-08-2023 2/2 dowry.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner neither demanded any dowry nor tortured the informant. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 15.06.2023

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner is the husband of the informant.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Goraul P.S. Case No. 127 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T