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Patna High CourtCR. MISC./69005/2019bail granted

Mohan Thakur v. The State Of Bihar

2019-12-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69005 of 2019 Arising Out of PS. Case No.-170 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Mohan Thakur Son of Vijay Thakur Resident of Village - Bindusar Buzurg, P.S.- Siwan Muffasil, Distt.- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rinki Devi W/o Mohan Thakur, D/o Suresh Thakur @ Marandi Thakur Resident of Village - Sajana, Makriyar, P.S.- Mairwa, Distt.- Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-12-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Siwan Muffasil (Mahadeva O.P.) P.S. Case No. 170 of 2018 for the offences punishable under Sections 498(A), 406, 323, 504, 506 of the Indian Penal Code and Sections 3⁄4 of D.P. Act. The allegation is regarding the petitioner, who happens to be husband of the victim lady i.e. the Opposite Party No.2 having tortured the Opposite Party No.2 on account of non-fulfillment of demand for dowry.

The learned counsel for the petitioner has submitted that though the petitioner is ready to keep his wife, but the wife

Patna High Court CR. MISC. No.69005 of 2019(2) dt.04-12-2019 2/2 has put a condition that she will live with the petitioner only if he is ready to live with her in a separate accommodation and not with his family members jointly. It is further submitted that the petitioner is languishing in custody since 06.08.2019 and having a clean antecedent.

The learned counsel for the opposite party no.2 has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Siwan in connection with Siwan Muffasil (Mahadeva O.P.) P.S. Case No. 170 of 2018.

(Mohit Kumar Shah, J) Tiwary/- U T