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Patna High CourtCR. MISC./1190/2023allowed

Pawan Sah v. The State Of Bihar

2023-04-27Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1190 of 2023 Arising Out of PS. Case No.-87 Year-2021 Thana- TARAIYA District- Saran ====================================================== Pawan Sah S/O Late Chhathu Sah R/V- Medhuka, P.S.- Sahajitpur, DistrictSaran (CHAPRA) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 498A, 307, 34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

The prosecution case relates to cruelty due to nonfulfillment of dowry demand. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner is husband of the daughter of the informant due to which he has falsely been implicated in this case and FIR has been lodged after two months of delay without given

Patna High Court CR. MISC. No.1190 of 2023(3) dt.27-04-2023 2/2 any cogent reason. It is further submitted that the petitioner has tried his best to pacify the matter with his wife but she did not agree to live with him. The petitioner has got no criminal antecedent moreover, he is languishing in judicial custody since 15.11.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

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 Taraiya P.S. Case No. 87 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateIst, Chapra, District Saran. (Sunil Kumar Panwar, J) Manish/- U T