Rupan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65512 of 2022 Arising Out of PS. Case No.-254 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Rupan Thakur Son Of Awadhesh Thakur R/O Vill.- Belaur, P.S.- Udwantnagar, Distt.- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Asha Devi Wife Of Rupan Thakur R/O Vill.- Belaur, P.S.- Udwantnagar, Distt.- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brajesh Prasad Gupta For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section323, 307, 498(A)/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The allegation against the petitioner is that he along with co-accused persons used to torture and assault the informant due to non-fulfillment of dowry demand of motorcycle. During course of assault, the informant also sustained injuries.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.65512 of 2022(2) dt.25-02-2023 2/3 petitioner is innocent and has committed no offence. The petitioner is husband of the informant due to which he has falsely been made accused in the present case. As per supplementary injury report, doctor opined, the alleged injuries are simple in nature. The petitioner has never demanded dowry from the informant and he wants to still keep his wife/informant with full dignity and honour. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 30.6.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Utwantnagar P.S. Case No. 254 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara.

Learned Court below is directed to make efforts for

Patna High Court CR. MISC. No.65512 of 2022(2) dt.25-02-2023 3/3 settlement between the informant and the petitioner. (Sunil Kumar Panwar, J) Amandeep/- U T