Sunil Kumar @ Sunil Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78603 of 2023 Arising Out of PS. Case No.-447 Year-2022 Thana- BIBHUTIPUR District- Samastipur ====================================================== Sunil Kumar @ Sunil Kumar Mandal Son Of Late Kailash Mandal Resident Of Village - Mustafapur, P.S. - Bibhutipur, District - Samastipur ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Nirma Kumari Wife Of Sunil Kumar @ Sunil Kumar Mandal, Daughter Of Ram Pukar Mahto Resident Of Village - Mustafapur, P.S. - Bibhutipur, District - Samastipur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Kumar Mishra For the Opposite Party/s :
Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 341, 323, 498(A), 504, 506, 379 of the Indian Penal Code and Section 3/4 of the D.P. Act.
3. The prosecution case, in brief, is that earlier the marriage of the informant was solemnized with the petitioner and the petitioner along with co-accused used to torture the informant mentally and physically due to non-fulfillment of dowry demand.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.78603 of 2023(2) dt.07-12-2023 2/2 petitioner is innocent and has committed no offence. The petitioner is husband of the informant due to which he has falsely been implicated in this case. It is also submitted that the informant (O.P. No.2) does not want to reside with the petitioner. Moreover, he is languishing in judicial custody since 14.8.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Bibhutipur P.S. Case No. 447 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Rosera, Samastipur.
(Sunil Kumar Panwar, J) Amandeep/- U T