Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68940 of 2022 Arising Out of PS. Case No.-276 Year-2022 Thana- SAKRA District- Muzaffarpur ====================================================== Raushan Kumar S/O Ram Vinod Thakur R/O Village And P.O.- Majhauli Pachdahi, P.S.- Sakara, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Ritu Kumari W/O Raushan Kumar D/O Sanjay Thakur R/O Village And P.O.- Majhauli Pachdahi, P.S.- Sakara, District- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Singh For the Opposite Party/s :

Ms.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2023 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 Sakara P.S. Case No. 276 of 2022 registered under sections 341, 323, 498A, 504, 506 and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Allegation against the petitioner along with his family members is that they used to torture, assault and demand of dowry of Rs. 5 lakh from the informant. It is further alleged that due to non-fulfillment of demand, one day all of them poured kerosene oil on her and tried to burn

Patna High Court CR. MISC. No.68940 of 2022(2) dt.27-02-2023 2/3 her.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is the husband of the informant due to which he has falsely been implicated in this present case. It is further submitted that neither the petitioner and his family members have ever demanded dowry nor they have ever assaulted her. During course of investigation, no independent witness has supported the prosecution version. 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 18.08.2022.

The application for bail is vehemently 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, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sakara P.S. Case No. 276 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand)

Patna High Court CR. MISC. No.68940 of 2022(2) dt.27-02-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned CJM, Muzaffarpur.

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