Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70597 of 2023 Arising Out of PS. Case No.-3793 Year-2005 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Ajay Kumar Son Of Late Hari Shankar Prasad Resident Of Zone No.1b, H.N.-324, Birsa Nagar Near Muri Factory, Sunday Market, P.S. - Birsa Nagar Town, Jamshedpur, District - East Singhbhum, Jharkhand ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Sandhya Surbhi W/O. Ajay Kumar Resident Of Zone No.1b, H.N.-324, Birsa Nagar Near Muri Factory, Sunday Market, P.S. - Birsa Nagar Town, Jamshedpur, District - East Singhbhum, Jharkhand. At Present D/O. Shiv Balak Chaudhary, Quarter No.12/A, Bihar Vetenary Hospital College, Premises, Road No.9, P.S. - Gardanibagh, District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Poonam Kumari For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 498(A) of the Indian Penal Code.

3. The prosecution case, in brief, is that earlier the marriage of the complainant was solemnized with the petitioner and the petitioner along with co-accused used to torture the informant mentally and physically due to non-fulfillment of dowry demand.

Patna High Court CR. MISC. No.70597 of 2023(2) dt.02-11-2023 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the complainant due to which he has falsely been implicated in this case. It is stated vide para 7 of the petition that the complainant has got employment in the Govt. of Bihar as Assistant director in Directorate of Economics & Statistics and she has deserted the petitioner and leading her life happily. The petitioner has got no criminal antecedent as stated in para-3 of the petition and he is languishing in judicial custody since 23.6.2023.

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

6. Considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Complaint Case No. 3793(c)/2005 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna.

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