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Patna High CourtCR. MISC./64750/2024bail granted

Chhatish Raut @ Chhatish Rawat @ Chattis Rawat @ Satish Kumar Rawat @ Satish Kr @ Satish Kumar Raut v. The State Of Bihar

2024-12-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64750 of 2024 Arising Out of PS. Case No.-419 Year-2021 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Chhatish Raut @ Chhatish Rawat @ Chattis Rawat @ Satish Kumar Rawat @ Satish Kr @ Satish Kumar Raut Son of Krishna Dev Raut @ Krishna Dev Raut Resident of Village - Chhechhani, P.S. - Bithan, District - Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kavita Devi Daughter of Kishundev Mandal Resident of Village- Badiwan, P.S. - Mahua, District- Saharsa. At present Wife of Surajit Raut, Resident of Village - Chhechhani, P.S. - Bithan, District - Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Raghwendra Pratap Singh, Advocate For the State :

Mr. Sanjay Kumar Tiwary, APP For Opposite Party No.2 :

Mr. Shubhesh Pandey, Advocate Mr. Vinit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2024 Heard learned counsels for the parties.

2. The petitioner seeks bail in a complaint case registered for the offence punishable under Sections 498A, 494, 379, 420 and 323 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. As per prosecution case, petitioner is alleged to have committed torture and harassment upon Opposite Party No. 2 due to non-fulfillment of demand of dowry.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and have falsely been implicated in this case. As a matter of fact, petitioner neither demanded any dowry nor tortured the Opposite Party No. 2. In fact, petitioner

Patna High Court CR. MISC. No.64750 of 2024(2) dt.06-12-2024 2/2 is not the husband of Opposite Party No. 2. Petitioner is separate in mess and property and has got no concern with the affairs of Opposite Party No. 2 and her husband. Petitioner is in custody since 01.07.2024. Moreover, charge-sheet has already been submitted.

5. On the other hand, learned A.P.P. for the State and learned counsel for the complainant/Opposite Party No. 2 have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, rival submissions, nature of accusation and period of custody, the prayer for grant bail of to the petitioner is allowed.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Rosera, Samatipur, in connection with Complaint Petition No. 419 of 2021.

(Prabhat Kumar Singh, J) shashank/- U T