Suman Kumar v. The State of Bihar
Case at a glance
- Bench
- SUNIL KUMAR PANWAR
Provisions considered
- Indian Penal Code, 1860 ss. 34, 307, 328, 341, 498A, 504
- Dowry Prohibition Act, 1961
Judgment
The State of Bihar Babita Kumari Daughter of Late Khokha Mandal Resident of Imli Chauk, Chhoti Bhaisdiyara, P.S.- Barari, District - Katihar. ... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR Mr.Bhola Prasad Mr.Arvind Kumar Pandey (App.84) ORAL ORDER 2 02-05-2023 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 sections 498A, 341, 307, 328, 504, 34 of the IPC and Sections ¾ of Dowry Prohibition Act. It is a case of cruelty/harassment due to non- fulfillment of dowry demand and it is also alleged that petitioner along with co-accused persons also administered poison like substance in sweet with intention to kill the Patna High Court CR. MISC. No.7455 of 2023(2) dt.02-05-2023 complainant. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the complainant due to which he has falsely been implicated in this case. There is no specific allegation of administrating poison leveled against the petitioner rather general and omnibus allegation leveled against him. He has got no criminal antecedent. It is further submitted that complainant was living in maike since
12.07.2022 and in the FIR she alleged that on 28.08.2022, petitioner along with co-accused persons administered poison like substance in her sweet to kill her. The petitioner is languishing in judicial custody since 06.11.2022. 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 Falka P.S. Case No. 363 of 2022 on furnishing bail bond of Rs.10,000/- (ten Patna High Court CR. MISC. No.7455 of 2023(2) dt.02-05-2023 thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Katihar. (Sunil Kumar Panwar, J) Manish/- U T
Precedent status how later indexed judgments have treated this case
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