Rameshwar Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15778 of 2021 Arising Out of PS. Case No.-132 Year-2020 Thana- RAJEPUR District- East Champaran ====================================================== RAMESHWAR PRASAD SINGH, Son of Late Moti Singh Resident of Village- Semraha, P.S.- Rajepur, Distt- East Champran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP For the Informant :

Mr. Dhurendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 498A of the Indian Penal Code.

As per allegation in the FIR, the informant got married to the petitioner 40 years ago. There is allegation of torture and cruelty, of the petitioner having extramarital relationship and not maintaining the informant. There is also allegation of assault on the petitioner. It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. He has been falsely implicated in the case for oblique reasons. He is in custody since 28.11.2020 and has no criminal antecedent. Learned APP for the State and learned counsel for the informant oppose the prayer for bail. It is submitted by learned

Patna High Court CR. MISC. No.15778 of 2021(2) dt.12-08-2021 2/2 counsel for the informant that there is direct allegation against the petitioner who is husband of the informant. Besides the allegation the petitioner is not maintaining the informant, his wife, for which she had to file a maintenance case which has been registered as Maintenance Case no. 184 of 2020 pending in the Court of learned Principal Judge, Family Court, Motihari.

Having heard learned counsel for the parties and in view of the facts and circumstances of the case, the petitioner is directed to be enlarged on bail in connection with Rajepur P.S. Case no. 132/2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, East Champaran, Motihari.

It is further directed that the petitioner shall appear in the learned court below in the Maintenance Case no. 184/2020 pending the in the Court of learned Principal Judge, Family Court, Motihari within three weeks from today and shall cooperate in the said case. Spd/- (Partha Sarthy, J) U T