Shani Kumar @ Shani Giri @ Sunny Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86318 of 2019 Arising Out of PS. Case No.-1046 Year-2016 Thana- ROHTAS COMPLAINT CASE District- Rohtas ====================================================== SHANI KUMAR @ SHANI GIRI @ SUNNY KUMAR (Male) aged about 25 years, Son of Butan Giri, Resident of Village - Bikramganj, Gosai Mohalla, P.S.- Bikramganj, District- Rohtas ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Goldi Kumari, (Female) aged about 21 years, Wife of Shani Kumar, D/O - Baban Gosai Resident of Village - Sajan Dihra, P.S.- Kargahar (Sidhi), District- Rohtas ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Singh, Adv.
For the Opposite Party/s :
Miss.Asha Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-01-2020 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 498(A)of the Indian Penal Code and Sections 4 of the D.P. Act. Complainant has alleged that she was married to the petitioner in the year, 2016 and after marriage she was being tortured by the petitioner and her in-laws for non-fulfillment of demand of dowry.
It has been submitted on behalf of the petitioner
Patna High Court CR. MISC. No.86318 of 2019(2) dt.17-01-2020 2/3 that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner is the husband and there is general and omnibus allegation against him. Petitioner desire to continue his conjugal life with the complainant but she is not ready to come to her matrimonial house. Petitioner is in custody since 20.07.2019.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sasaram, Rohtas, in connection with Complaint Case No. 1046 of 2016, subject to conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will
Patna High Court CR. MISC. No.86318 of 2019(2) dt.17-01-2020 3/3 be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Rajiv/- U T