Pintu Kumar @ Raja @ Pintu Kumar Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63884 of 2021 Arising Out of PS. Case No.-443 Year-2021 Thana- SUPAUL District- Supaul ====================================================== PINTU KUMAR @ RAJA @ PINTU KUMAR RAJ S/O HARISHANKAR MANDAL R/o village- Vishanpur, Ward No. 5, P.S.- Supaul, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamal Kishore Singh, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offence punishable under Section 306 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 24.06.2021, is a person with clean antecedent and charge-sheet has been submitted. The informant alleges that she received information in the evening on 22.06.2021 that her daughter Punam Kumari (deceased) was found dead in her rented accommodation and husband of the deceased i.e. accused petitioner was absconding. It is further alleged in the FIR that the petitioner had earlier lured and eloped with the deceased and after their return the

Patna High Court CR. MISC. No.63884 of 2021(2) dt.29-03-2022 2/3 informant got her daughter married at Hanuman Nagar. Thereafter, the petitioner again abducted the deceased and took her to Supaul and later started harassing for dowry of Rs.2,00,000/- and motorcycle as a result of which she committed suicide.

Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the FIR, it would manifest that earlier the petitioner along with the deceased had eloped and when they came back the informant got her daughter married to one person at Hanuman Nagar whose name has been disclosed by the petitioner in para 9 of the bail application as Sunil Mandal. Learned counsel submits that once the deceased was married to Sunil Mandal where was the occasion for the petitioner to elope with the deceased. Learned counsel submits that even if it is presumed what has been alleged is true without admitting the same then the allegation is that the deceased after marriage eloped with the petitioner and thereafter committed suicide for non-fulfillment of the dowry demand. Learned counsel submits that it absolutely does not stand to reason that if the deceased after marriage eloped with the petitioner then where was the question of demand of dowry. Leaned counsel submits that since the deceased was unhappy with her married

Patna High Court CR. MISC. No.63884 of 2021(2) dt.29-03-2022 3/3 life, as such, she committed suicide and the informant falsely implicated the present petitioner with whom the deceased was in love from before.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted and taking into consideration the submissions made by the learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Supaul P.S. Case No. 443 of 2021.

(Satyavrat Verma, J) Kundan/- U T