Suman Kumar Singh v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4625 of 2019 Arising Out of PS. Case No.-983 Year-2011 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== SUMAN KUMAR SINGH S/o- Late Kamal Singh Resident of village- Kala, Police Station - Chiraiya, District- East Champaran. ... ... Petitioner/s

Versus

1. THE STATE OF BIHAR AND ANR Bihar

2. Saraswati Devi @ Chhathiya Devi, Daughter of Ramanad Singh Resident of village-Bela, Police Staion- Chiraiya, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the State :

Mr. Binod Kumar, Adv.

For the Opposite Party/s :

Mr. Bijay Kumar Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Trial No.49 of 2018 arising out of Complaint Case No.938C of 2011 registered for the offence punishable under Section 498A of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act. Complainant has alleged in his complaint case that petitioner (husband) along with his family members has assaulted her and tried to kill her and thereafter ousted her from her matrimonial home due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case.

Patna High Court Cr.Misc. No.4625 of 2019(2) dt.31-01-2019 2/2 Petitioner is always ready to keep the complainant with full respect and dignity but complainant is not ready to live with him. Petitioner has got no criminal antecedent and is in custody since 17.11.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, District- East Champaran, in connection with Trial No.49 of 2018 arising out of Complaint Case No.938C of 2011, with following conditions:- (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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/manojU T