Vijay Pathak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74441 of 2023 Arising Out of PS. Case No.-176 Year-2023 Thana- KUDHNI District- Muzaffarpur ====================================================== Vijay Pathak Son Of Gangadhar Pathak Resident Of Village- Kharauna Dih, Ps- Kurhani, Distt- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shishir Kumar For the Opposite Party/s :
Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Kurhani P.S Case No. 176 of 2023 registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.
3. As per allegation in the FIR, at the time of marriage, the accused persons were demanding a motorycyle and Rs. 50,000/- as dowry. Thereafter, the victim was subjected to torture for non-fulfilment of the dowry.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case.
Patna High Court CR. MISC. No.74441 of 2023(4) dt.21-02-2024 2/2 He further submits that the petitioner never demand any dowry, much less a motorcycle and Rs. 50,000/-, from the deceased or her family members. It is also submitted that petitioner is in judicial custody since 27.04.2023.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, 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 1st Additional Chief Judicial Magistrate, West Muzaffarpur in connection with Kurhani P.S Case No. 176 of 2023. (Ramesh Chand Malviya, J) Guddu/- U T