Shiv Pujan Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53912 of 2025 Arising Out of PS. Case No.-27 Year-2022 Thana- MAHILA PS District- Aurangabad ====================================================== Shiv Pujan Sao S/o Late Krishna Sao R/o vill - Pirwa, P.S.- Salaiya, Distt.- Aurangabad, Bihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Gudiya Devi W/o Shiv Pujan Sao R/o vill - Pirwa, P.S.- Salaiya, Distt.- Aurangabad, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aman Vishal, Adv.
For the Opposite Party/s :
Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-11-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Aurangabad Mahila P.S. Case No. 27/2022 dated 12.07.2022 registered for the offences punishable u/ss 341, 323, 498A, 504, 506 of the I.P.C. and Section 3⁄4 of Dowry Prohibition Act.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.53912 of 2025(3) dt.03-11-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that as per the impugned order dated 14.07.2025, the petitioner was granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 05.03.2024 passed in Cr. Misc. No. 61757 of 2023 and due to non-payment of Rs. 10,000/- (Rupees Ten Thousand) to the informant in her bank account, the bail bond of the petitioner was cancelled by the learned court below on 20.02.2025. The petitioner is the husband of the informant and he has no concern with the alleged offence. There is general and omnibus allegation against the petitioner. The petitioner neither demanded any dowry nor tortured the complainant. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.06.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner 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
Patna High Court CR. MISC. No.53912 of 2025(3) dt.03-11-2025 3/3 concerned, Aurangabad (Bihar) in connection with Aurangabad Mahila P.S. Case No. 27/2022, with a condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T