Patna High CourtCR. MISC./45873/2016bail granted

Raushan Kumar v. The State Of Bihar

2016-10-25Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45873 of 2016 Arising Out of PS.Case No. -27 Year- 2014 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Raushan Kumar, son of Shri Ghan Shyam Thakur, resident of VillageGovindpur, Tiwari Tola, P.S.- Jitna, District- East Champaran at Motihari. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Babita Kumari, Advocate For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-10-2016 Learned counsel for the petitioner submits that petitioner is languishing in custody since 09.08.2016. Though, it is wrongly recorded in the impugned order dated 29.09.2016 as 05.03.2016.

Heard learned counsel for the petitioner and the State.

Petitioner is languishing in custody since 09.08.2016 in a case registered for the offences punishable under Sections 323, 498A, 504/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of dowry demand. It is submitted by the learned counsel for the petitioner that petitioner admits his marriage with the

Patna High Court Cr.Misc. No.45873 of 2016 (2) dt.25-10-2016 informant and right now he is not in a position to keep the informant due to her ill behaviour.

However, it is submitted by the learned counsel for the informant that petitioner was granted provisional anticipatory bail by this Court vide Cr. Misc. No. 48270 of 2014 for one year with condition that the petitioner will keep the informant as wife with full dignity and honour, but the petitioner failed to comply the undertaking and ultimately his bail bonds was canceled. Considering the nature of accusation and the period under custody, let the above named petitioner, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, East Champaran at Motihari in connection with Sugauli P.S. Case No. 27 of 2014.

(Dinesh Kumar Singh, J) P.K./- U T