Ramakant Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9612 of 2025 Arising Out of PS. Case No.-400 Year-2022 Thana- DINARA District- Rohtas ====================================================== Ramakant Singh S/o- Ram Nagina Singh Village- Rupi , PS- Bhanas , Dinara , Dist- Rohtas ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Soni Kumari D/o- Dina Nath Ram Village- Barki Akodhi , PS-Kargahar , Badhari , Dist- Rohtas ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Rajani Kant Singh, Advocate.
For the State :
Mr. Surendra Prasad Singh, APP For the O.P. No. 2 :
Mr. Chhotelal Mishra, Advocate.
Mr. Jyoti Prasad, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Dinara P.S. Case No. 400 of 2022, dated 04.11.2022 registered for the offences punishable under Sections 341, 323, 379, 498A, 504 and 506/34 of the Indian Penal Code.
3. As per allegation, the husband of the informant is having illicit relationship with a colleague working in his office and on account of protest by the informant/wife, she was beaten and ousted from the matrimonial home, keeping the son with himself.
Patna High Court CR. MISC. No.9612 of 2025(2) dt.06-03-2025 2/3
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that as per allegation, no penal offence is made out, though, it may be the matrimonial offence for which the informant/wife may have remedy before the matrimonial court and this case has been filed only with an ulterior motive to harass the husband on account of being aggrieved with the alleged illicit relationship of husband/petitioner with another lady.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State and learned counsel for the informant vehemently oppose the prayer of the Petitioner for bail submitting that the informant/wife has been ousted and deserted by her husband/petitioner. She has also deprived of custody of one minor son because he is kept by the petitioner/husband whereas one minor daughter is with her.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named,
Patna High Court CR. MISC. No.9612 of 2025(2) dt.06-03-2025 3/3 to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Bikramganj, Distt. Rohtas, in connection with Dinara P.S. Case No. 400 of 2022, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T