Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72324 of 2021 Arising Out of PS. Case No.-36 Year-2020 Thana- MAHILA PS District- Jehanabad ====================================================== GAUTAM KUMAR Son of Bindeshwar Singh, Resident of Village - Bedauli, P.S.- Bhagwanganj, Distt.- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Phool Kumari W/o Saurav Kumar, D/o Late Mahendra Yadav, Resident of Village - Larsa, P.S.- Paras Bigha, Distt.- Jehanabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suman Kumar Verma For the Opposite Party/s :

Mr. Ramchandra Sahni Mr. N. A. Shamsi ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned counsel for the informant and the learned Additional Public Prosecutor for the State.

The petitioner is seeking regular bail in connection with Jehanabad Mahila P.S. Case No. 36/2020 registered for offence punishable under sections 323, 342, 498-A, 494, 354 (B), 504, 506/34 of the Indian Penal Code and sections 3/4 of the Dowry Prohibition Act.

The informant has made allegation that she was

Patna High Court CR. MISC. No.72324 of 2021(2) dt.30-05-2022 2/3 married with co-accused Saurabh Kumar in the year 2017. After birth of a female child, her husband started torturing and assaulting her without any rhyme and reason. Her father-in-law, mother-in-law and Bhaisur (petitioner) also abused her and demanded Rs.1,00,000/- cash. She has made allegation against her father-in-law that he had evil eyes on her. He used to tease her after entering into her room.

The learned counsel for the petitioner has submitted that the petitioner is brother-in-law (Bhaisur) of the informant, having no concern with day-to-day affairs of the informant and he is under custody since 20.10.2021.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Jehanabad in connection with Jehanabad Mahila P.S. Case No. 36/2020, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the

Patna High Court CR. MISC. No.72324 of 2021(2) dt.30-05-2022 3/3 similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T