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Patna High CourtCR. MISC./72804/2022allowed

Dinesh Kumar Singh v. The State Of Bihar

2023-03-20Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72804 of 2022 Arising Out of PS. Case No.-258 Year-2016 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== Dinesh Kumar Singh S/O Late Shyam Sundar Prasad Singh R/V- Dhamna, P.S.- Khaira, District- Jamui ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Anulata Kumari W/O Dinesh Kumar Singh D/O Laxmi Narayan Singh R/VDhuan, P.S.- Khaira, District- Jamui Presently Residing At D/O Laxmi Narayan Singh R/V- Jhikuli, P.S.- Sangrampur, District- Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prashant Sinha For the Opposite Party/s :

Ms.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Complaint Case No. 258C/2016 registered under sections 323, 504, 494 and 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Prosecution case in short, is that, the complainant was married with one Dinesh Kumar Singh (petitioner). After marriage, one motorcycle and Rs. 1 lakh were demanded as dowry by the petitioner along with other co-accused persons and they assaulted and tortured her due to non-fulfillment of

Patna High Court CR. MISC. No.72804 of 2022(2) dt.20-03-2023 2/3 dowry demand. Further alleged that they also pressurized her to abort her child and on denial by her they threatened her to perform second marriage of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is the husband of the complainant due to which he has falsely been implicated in this case. It is further submitted from para-7 of this petition that the petitioner is ready to keep her wife/complainant with honour and dignity. He has no concern with the alleged offence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 12.09.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Complaint Case No. 258C/2016 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the

Patna High Court CR. MISC. No.72804 of 2022(2) dt.20-03-2023 3/3 like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Munger.

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