Prabhu Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8552 of 2023 Arising Out of PS. Case No.-71 Year-2022 Thana- RAJEPUR District- East Champaran ====================================================== PRABHU SAH Son of Late Raji Sah Resident of village - Hanuman Nagar Chanki, P.S.- Rajepur, District - East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Chandni Kumari Wife of Prabhu Sah D/o Ram Ekbal Sah, Resident of village - Bishunpur Tara, P.S.- Madhuban, District - East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Pandey For the Opposite Party/s :
Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 307, 504, 506, 498A/34 of the Indian Penal Code and Sections 3 and 4 of the D.P. Act.
3. As per prosecution case, the informant was married with the petitioner about three years ago her parent expenses as his capacity, thereafter the husband, dewar and his wife demanded Rs. One lakh and one motorcycle when demand was not fulfilled they started to torture. However in Panchayati they assured not to torture her but later on they started to torture and
Patna High Court CR. MISC. No.8552 of 2023(7) dt.04-10-2023 2/3 all the accused persons set her in fire thereafter they threw her near Madhuban road.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is the husband of the informant and he neither tortured the informant, nor demanded dowry from her. Petitioner is ready to keep his wife (informant) with full dignity and honour. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that he is languishing in judicial custody since 26.04.2022.
5. Learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give Rs. five thousand (5,000/-) as monthly maintenance to the informant, subject to furnishing bank account number by the informant to the petitioner.
6. The petitioner is directed to deposit an amount of Rs. 5,000/- as monthly maintenance in the informant's account number, commencing from the current month.
7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner
Patna High Court CR. MISC. No.8552 of 2023(7) dt.04-10-2023 3/3 on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Rajepur P.S. Case No. 71 of 2022.
8. The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 5,000/- (Rs. Five thousand only) as maintenance by the petitioner in the account of the informant.
(Sunil Kumar Panwar, J) Arish/- U T