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Sonu Kumar @ Sonu Raut Vs the State of Bihar — Dowry and Cruelty | Patna HC (2024)

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Patna HC
2024
Sonu Kumar @ Sonu Raut Vs the State of BiharSonu Kumar @ Sonu Raut v. the State of Bihar

Allowed¶27

Sonu Kumar @ Sonu Raut v. the State of Bihar

Patna HC21 Mar 2024CR. MISC./21198/2024

Case brief

AI extract

What is this about?

Bail granted; Patna High Court; CR. MISC. No.21198 of 2024; decision date 21-03-2024; Justice Rudra Prakash Mishra; petitioner Sonu Kumar @ Sonu Raut (husband of informant); opposite parties: State of Bihar and Rupa Kumari; Sheikhpura Mahila P.S. Case No.22 of 2020; District Sheikhpura; Sections 498(A)/34 IPC; ¾ Dowry Prohibition Act; custody since 07.08.2023; no criminal antecedent; dowry demand torture allegation; bail bonds Rs.10,000/- with two sureties of like amount; advocates: Dr. Anjani Pd. Singh (for petitioner), Pradeep Narain Kumar, APP (for opposite parties).

What did the court decide?

Petitioner to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount, to the satisfaction of the court below/concerned court, in connection with Sheikhpura Mahila P.S. Case No.22 of 2020.

Why is it important?

Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. ¶26

What the court decided

AI extract

Outcome

Petitioner to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount, to the satisfaction of the court below/concerned court, in connection with Sheikhpura Mahila P.S. Case No.22 of 2020.

Issue for consideration

Whether the petitioner (Sonu Kumar @ Sonu Raut), in custody since 07.08.2023 in connection with Sheikhpura Mahila P.S. Case No.22 of 2020 (Sections 498(A)/34 IPC and ¾ Dowry Prohibition Act), should be granted bail.

Ratio / Principle

Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Detailed headnote1 paragraphs

Patna High Court (Hon'ble Mr. Justice Rudra Prakash Mishra), oral order dated 21-03-2024 in Cr. Misc. No.21198 of 2024 arising out of Sheikhpura Mahila P.S. Case No.22 of 2020 (offences under Sections 498(A)/34 IPC and ¾ of Dowry Prohibition Act): bail granted to petitioner Sonu Kumar @ Sonu Raut, husband of informant O.P. No.2 Rupa Kumari, who was in custody since 07.08.2023 with no criminal antecedent; prosecution case alleged torture and assault of the informant over non-fulfillment of dowry demand; APP opposed. Bail ordered on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount to the satisfaction of the court below.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21198 of 2024

Arising Out of PS. Case No.-22 Year-2020 Thana- MAHILA P.S. District- Sheikhpura

======================================================

SONU KUMAR @ SONU RAUT S/O- LATE SAMBHU RAUT R/OVILLAGE- MAJIDPUR, P.S.- MANPUR, DIST.- NALANDA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

RUPA KUMARI W/O- SONU KUMAR @ SONU RAUT R/O- VILLAGEKRISHNAPURI, BARBIGHA, DIST.- SHEIKHPURA.

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s : Mr. Dr. Anjani Pd. Singh, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER

2 21-03-2024

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in connection with Sheikhpura Mahila P.S. Case No.22 of 2020 instituted for the offences under Sections 498(A)/34 of the IPC and ¾ of Dowry Prohibition Act.

Prosecution case, in short, is that the accused persons including the petitioner tortured and assaulted the informant due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. The petitioner is the husband of the victim. Learned counsel for the petitioner submits that petitioner is in

Patna High Court CR. MISC. No.21198 of 2024(2) dt.21-03-2024 2/2

custody since 07.08.2023 and has no criminal antecedent. The petitioner is ready to keep her wife (O.P. No.2) with full dignity and honour. The present case has been lodged for oblique reason.

Learned APP for the State has vehemently opposes

the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case and period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of court below/concerned court in connection with Sheikhpura Mahila P.S. Case No.22 of 2020.

(Rudra Prakash Mishra, J)

Prakash Narayan U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner (Sonu Kumar @ Sonu Raut), in custody since 07.08.2023 in connection with Sheikhpura Mahila P.S. Case No.22 of 2020 (Sections 498(A)/34 IPC and ¾ Dowry Prohibition Act), should be granted bail.¶18

Statutes considered

2 provisions across 2 enactments

AI extract

Indian Penal Code498(A)/34¶18
Dowry Prohibition Act¾¶18

Procedural history

How this case reached the court

AI extract

Prior proceeding
Sheikhpura Mahila P.S. Case No.22 of 2020 (District Sheikhpura) instituted for the offences under Sections 498(A)/34 of the IPC and ¾ of Dowry Prohibition Act; petitioner sought bail in connection with it.¶18
Prior proceeding
Prosecution case: accused persons including the petitioner tortured and assaulted the informant due to non-fulfillment of demand of dowry.¶19
Prior proceeding
Per petitioner's counsel, petitioner was in custody since 07.08.2023 and had no criminal antecedent.¶22
Prior proceeding
Learned APP for the State vehemently opposed the prayer for grant of bail to the petitioner.¶24

Parties & counsel

AI extract

petitioner
SONU KUMAR @ SONU RAUT¶4
Dr. Anjani Pd. Singh
respondent
THE STATE OF BIHAR¶7
Pradeep Narain Kumar
respondent
RUPA KUMARI W/O- SONU KUMAR @ SONU RAUT¶8
Pradeep Narain Kumar

Coram

AI extract

Rudra Prakash Mishraauthor¶14

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 21 Mar 2024 · March
Registered: 11 Mar 2024
Case no.: CR. MISC./21198/2024
CNR: BRHC010228092024
Topic: Dowry and Cruelty
Bench: R. P. Mishra
Disposal: BAIL GRANTED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Sonu Kumar @ Sonu Raut v. the State of Bihar, CR. MISC./21198/2024 (PAT), decided on 21 March 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Indian Penal Code498(A)/34
Dowry Prohibition Act¾

View all statutes

Procedural history4

Sheikhpura Mahila P.S. Case No.22 of 2020 (District Sheikhpura) instituted for the offences under Sections 498(A)/34 of the IPC and ¾ of Dowry Prohibition Act; petitioner sought bail in connection with it.
Prosecution case: accused persons including the petitioner tortured and assaulted the informant due to non-fulfillment of demand of dowry.

View full history

Bench / Coram

Rudra Prakash Mishra

Parties & counsel