Suman Kumar @ Shambhu Singh @ Suman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7628 of 2024 Arising Out of PS. Case No.-1 Year-2005 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Suman Kumar @ Shambhu Singh @ Suman son of Late Bhola Singh VillSupaul Ps- Patori Dist- Samastipur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Geeta Devi W/o Ram Ashish Singh @ Jai Prakash Singh R/V- Mirpur, P.S.- Jandaha, Distt.- Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Naresh Singh, Adv.
For the Opposite Party/s :
Mr.Chandra Bhushan Prasad, APP Mr.Kumar Praveen, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-11-2024 Heard learned counsel for the petitioner, learned counsel for the O.P. No.2 and learned APP for the State. 2.
The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341/323/379/504 and 34 IPC. 3.
Allegedly, the petitioner is said to have assaulted the informant and forced her to leave the matrimonial house. 4.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The F.I.R. was initially lodged u/s 341/323/379/504 and 34 of the IPC. After investigation, police filed final form but the Court
Patna High Court CR. MISC. No.7628 of 2024(4) dt.12-11-2024 2/2 below differed with the final form and took cognizance u/s 498A IPC against the petitioner. It is submitted that from bare perusal of the F.I.R., it is evident that there is no material against the petitioner to have made any dowry demand. Petitioner has no criminal antecedent.
5.
Learned APP for the State as well as learned counsel for the O.P. No.2 opposed the prayer for bail.
6.
Having regard to the facts and circumstances of the case and considering that the police had filed final form and thereafter, cognizance was taken u/s 498A IPC, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Patori P.S. Case No.01 of 2005, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) pallavi/- U T