Vicky Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79432 of 2023 Arising Out of PS. Case No.-1855 Year-2013 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== VICKY RAM, S/O VINOD RAM, R/O VILLAGE- ASRAHA, PS. KEOTI, DISTRICT- DARBHANGA ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

HEENA DEVI, D/O HARI LAL RAM, W/O VICKY RAM VILLAGESINGHWARA, PS. SINGHWARA, DISTRICT- DARBHANGA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kedar Jha, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-03-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Complaint Case no. 1855 of 2013 corresponding to Trial no.805 of 2022 registered under sections 498A, 147, 148, 379 and 384 of the Indian Penal Code and sections 3 and 4 of the D. P.Act.

3. As per the prosecution case, the complainant alleges that she was tortured by the accused persons including the petitioner herein who happens to be her husband. The torture was for non-fulfillment of the demand of dowry by way of Rs.2 lacs and a motorcycle. Her husband solemnized a second marriage.

Patna High Court CR. MISC. No.79432 of 2023(3) dt.07-03-2024 2/2

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. It is further submitted that after inquiry cognizance was taken only under sections 494 and 498A of the Indian Penal Code while section 494 of the Indian Penal Code is bailable, the petitioner has remained in custody since 6.4.2023. He has no criminal antecedent.

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

6. Having heard learned counsel for the parties and taking into consideration the allegations in the complaint, cognizance having been taken in the case under sections 494 and 498A of the Indian Penal Code together with the petitioner having remained in custody for 11 months since 6.4.2023, the petitioner is directed to be enlarged on bail in connection with Complaint Case no. 1855 of 2013 corresponding to Trial no.805 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga. (Partha Sarthy, J) avinash/- U T