Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83001 of 2023 Arising Out of PS. Case No.-194 Year-2022 Thana- VAISHALI District- Vaishali ====================================================== Pawan Kumar Son Of Upendra Prasad Resident Of Village- Mathurapur, Police Station- Lalganj, District- Vaishali ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Radha Kumari D/O Tuntun Rai, W/O Pawan Kumar Resident Of VillageMohammadpur, Police Station........, District- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kshem Sharma For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 498(A), 504, 506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The accusation is of torture for non-fulfillment of the dowry demand and ousting the informant from her matrimonial house.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.83001 of 2023(2) dt.04-01-2024 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is husband of the informant. There is general and omnibus allegation against the petitioner. The informant is a quarrelsome lady and she herself does not want to live with the petitioner. The petitioner made every attempt to reconcile the issue but all his attempt went in vein. Ultimately, the petitioner has filed Matrimonial Case No. 241 of 2020 for dissolution of marriage and after filing the divorce petition, the present F.I.R has been registered against the petitioner. The petitioner is languishing in custody since 14.07.2023.

In contra, learned counsel appearing on behalf of the informant and learned A.P.P for the State have vehemently opposed the prayer for bail of the petitioner. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.83001 of 2023(2) dt.04-01-2024 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 194 of 2022.

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