Goutam Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64762 of 2021 Arising Out of PS. Case No.-23 Year-2021 Thana- MAHILA P.S. District- Banka ====================================================== GOUTAM KUMAR SINGH S/o Luxman Prasad Singh Resident of VillageRanjodha, P.S.- Dhankund (Dhoraiya), District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 498(A) and 34 of the Indian Penal Code read with Section 3 and 4 of Dowry Prohibition Act. Learned counsel for the petitioner submits that petitioner is in custody since 07.08.2021 and chargesheet has been submitted. Petitioner is a person with clean antecedent. Learned counsel for the petitioner submits that the informant alleges that she was married to the petitioner on 30.11.2016. After marriage, she lead happy conjugal life for nearly two to two and a half years and thereafter the husband alongwith his family members started demanding Rs.2 lakhs from the informant as dowry. It is further alleged that due to

Patna High Court CR. MISC. No.64762 of 2021(2) dt.31-03-2022 2/3 non-fulfillment of the said dowry demand, the informant was assaulted and driven out of her nuptial house. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that from bare perusal of the allegation, as alleged in the F.I.R., it would manifest that the informant herself, as stated for two to two and a half years, lead a peaceful and happy conjugal life. As such, it is submitted that it absolutely does not stand to reason that as to why, all of a sudden, the petitioner was started demanding Rs. 2 lakhs by way of dowry.

Learned counsel for the petitioner further submits that the petitioner has remained in custody for nearly eight months and it is a case under Section 498(A) of the Indian Penal Code read with Section 3 and 4 of the Dowry Prohibition Act. Learned counsel for the petitioner further submits that he undertakes before this Court that if the informant is willing to come and stay with the petitioner, petitioner will have no issue rather he will keep her with all dignity.

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

Considering the submissions made by learned counsel for the petitioner, the fact that the petitioner is a person with

Patna High Court CR. MISC. No.64762 of 2021(2) dt.31-03-2022 3/3 clean antecedent and chargesheet has been submitted in the case, 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 the learned Court below where the case is pending/successor Court in connection with Banka (Mahila) P.S. Case No. 23 of 2021. (Satyavrat Verma, J) Ankit/- U