Mohan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66254 of 2022 Arising Out of PS. Case No.-464 Year-2022 Thana- DHAKA District- East Champaran ====================================================== MOHAN THAKUR Son of Late Sudama Thakur Resident of Village- Dhaka, Ramchandra Naya Tola, P.S.- Dhaka, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nisha Rani Wife of Praduman Thakur, D/O Ram Bilash Thakur Resident of Sripur Kawaiya, P.S.- Jharokhar, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2023 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 sections 498A, 494, 323, 307, 420, 120B, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The prosecution case, in brief, is that the informant solemnized marriage with co-accused Praduman Kumar on 19.5.2022, when she came to his house, she surprised to see his first wife. When the informant wanted to disclose this fact, all accused persons assaulted her due to which she sustained injuries. It is further alleged that the accused

Patna High Court CR. MISC. No.66254 of 2022(2) dt.27-02-2023 2/3 persons also demanded as dowry from the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is father-in-law of the informant due to which he has falsely been implicated in the present case. The petitioner has no concern mess and business of the informant as well as her husband Praduman Kumar and lives separately from them. The co-accused Praduman Kumar who is husband of the informant is already in custody. It is further submitted that in respect of the injury sustained by informant, the same is simple in nature. Moreover, the petitioner is languishing in judicial custody since 16.8.2022.

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 Dhaka P.S. Case No. 464 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 C.J.M.,

Patna High Court CR. MISC. No.66254 of 2022(2) dt.27-02-2023 3/3 Motihari, East Champaran.

(Sunil Kumar Panwar, J) Amandeep/- U T