Shivam Kumar @ Shibam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72600 of 2023 Arising Out of PS. Case No.-101 Year-2023 Thana- NIMACHANDPURA District- Begusarai ====================================================== SHIVAM KUMAR @ SHIBAM KUMAR SON OF VISHWANATH SAHANI @ VISHWANATH SAHNI @ BISHWANATH SAHNI @ BISHWANATH SAHANI RESIDENT OF VILLAGE - MANJHAUL-2, (MANJHAUL) WARD NO.8, P.S. - CHERIYA BARIYARPUR, DISTRICT - BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 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 sections 341, 323, 504, 506, 498A, 420, 34 of the Indian Penal Code and Section 3⁄4 of D.P. Act.

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

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.72600 of 2023(2) dt.29-11-2023 2/2 petitioner is innocent and has committed no offence. The petitioner is husband of the informant due to which he has falsely been implicated in the present case. He has never demanded dowry from the informant and still ready to 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 03.08.2023.

5. Learned APP appearing for the state and learned counsel for the informant have 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 Nimachandpur P.S. Case No.101 of 2023 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, Begusarai. (Sunil Kumar Panwar, J) lata/- U T