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Patna High CourtCR. MISC./1102/2023allowed

Rohit Kumar Singh v. The State Of Bihar

2023-03-27Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1102 of 2023 Arising Out of PS. Case No.-35 Year-2021 Thana- MAHILA P.S. District- Rohtas ====================================================== Rohit Kumar Singh S/O Sri Kamala Prasad Singh R/O Village- Dhawa, P.S.- Baghaila, Distt- Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ruby Devi W/O Rohit Kumar R/O Village- Dhawa, P.S.- Baghaila, DisttRohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 354(B), 498(A) of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

It is a case of cruelty due to non fulfillment of dowry demand. It is further alleged that petitioner along with co-accused persons ousted the informant from her

Patna High Court CR. MISC. No.1102 of 2023(3) dt.27-03-2023 2/3 matrimonial house.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that petitioner is ready to keep her wife with full honor and dignity. The informant/ victim has left her matrimonial house with her own sweet will and she is not ready to live with the petitioner. It is also submitted that petitioner is languishing in judicial custody since 02.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State and learned counsel appearing on behalf of informant have vehemently opposed the prayer for Bail and submitted that petitioner is husband of the informant.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.1102 of 2023(3) dt.27-03-2023 3/3 The above named petitioner is directed to be enlarged on bail in connection with Mahila P.S. Case No. 35 of 2021 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 S.D.J.M., Sasaram, Rohtas.

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