Binod Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69214 of 2023 Arising Out of PS. Case No.-46 Year-2022 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Binod Singh S/O Late Ram Ratan Singh R/O Village- Karanpur, P.SGovindpur, Distt.- Nawada. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Nisu Devi D/O Dilip Singh R/O Village- Madra, P.S- Roh, Distt.- Nawada. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2023 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 sections 498(A), 307, 341, 323, 504 and 506 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. Allegation against the petitioner is that he used to torture and assault the informant for the purpose of dowry demand of Rs. 5 lakhs.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted from para-10 of this petition that the reason behind this dispute

Patna High Court CR. MISC. No.69214 of 2023(2) dt.18-10-2023 2/2 between the parties is that the petitioner's wife in absence of his husband, established physical relationship with other person and conceived after getting such information, a panchayat took place on 04.06.2021 in which she herself admitted this fact and ready to separate from each other and in support of this, Annexure-P/2 has been annexed in this petition. Moreover, the petitioner himself surrendered before learned Court below on 11.08.2023 and since then he is languishing in judicial custody.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Complaint Case No. 46 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 Judicial Magistrate-1st Class, Nawada. (Sunil Kumar Panwar, J) shubham/- U T