Patna High CourtCR. MISC./78573/2023bail granted

Aswani Kumar @ Raja Kumar v. The State Of Bihar

2023-12-07Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78573 of 2023 Arising Out of PS. Case No.-58 Year-2022 Thana- DIGHWARA District- Saran ====================================================== Aswani Kumar @ Raja Kumar Son of Shiv Mangal Sah R/O Village - Mina Bazar, P.S.- Sonpur, Dist.- Saran At Chapra.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dighwara P.S. Case No. 58 of 2022 instituted for the offences under Sections 341, 323, 379, 498(A), 504 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. The allegation against the accused persons including the present petitioner is of assaulting and torturing the Complainant/Priyanka Kumari for non-fulfillment of demand of dowry.

4. The petitioner is the husband.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.78573 of 2023(2) dt.07-12-2023 2/2 present case. The petitioner has earlier filed a case against the Complainant for restitution of conjugal right before the Family Court, Saran at Chapra vide R.C.R. No. 29 of 2020. The Complainant was also issued notice by the Family Court but, she denied to go with her husband. The learned court below has also tried to settle the matter by mediation but, the Complainant always refused in the Mediation Center, Saran at Chapra. The petitioner has one criminal antecedent in which he is on bail. The petitioner is in custody since 24.05.2023. Charge-sheet has been submitted in this case by the police.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the entire facts and circumstances of the case, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Dighwara P.S. Case No. 58 of 2022.

(Rudra Prakash Mishra, J) rishi/- U T