Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78980 of 2023 Arising Out of PS. Case No.-246 Year-2020 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Chandan Kumar S/O Chandrakant Prasad Resident Of Village- Kharkhura Barchi Asthan, P.S.- Delha, District-Gaya (Bihar) ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Rekha Devi W/O Chandan Kumar, D/O Prakash Ram Resident Of VillagePahaswar, P.S.- Delha, District-Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 498A, 323 of the Indian Penal Code.

3. As per FIR, the informant alleged that the petitioner and co-accused persons used to torture her due to non-fulfillment of dowry demand and they also ousted her from home.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The complainant has extra martial

Patna High Court CR. MISC. No.78980 of 2023(2) dt.13-12-2023 2/2 affair and due to which family dispute is going on between the parties and the petitioner has already filed divorce petition which is annexed as Annexure-2. It is further submitted that neither the petitioner nor his family members demanded dowry from the complainant rather due to family dispute he has been made accused in this case. The petitioner is languishing in judicial custody since 06.09.2023.

5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Complaint Case No. 246 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist, Class, Gaya. (Sunil Kumar Panwar, J) manishkumar/- U