Sunil Singh @ Sunil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13099 of 2025 Arising Out of PS. Case No.-93 Year-2024 Thana- MAHILA P.S. District- Bhojpur ====================================================== Sunil Singh @ Sunil Kumar Singh Son of Krishna Singh Resident of Village - Khalisa, Police Station - Udwantnagar, District - Bhojpur at Ara. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kanchan Kumari Wife of Sunil Singh Daughter of Sri Nand Ji Singh, Prsently resident of Bhel Dumra, Police Station - Muffasil, District - Bhojpur at Ara.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Informant :

Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-07-2025 Heard Mr. Shashank Shekhar, learned counsel for the petitioner, Mr. Prabhat Kumar Singh, learned counsel for the Informant and Mr. Nirmal Kumar Sinha, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Mahila P.S. Case No. 93 of 2024, F.I.R. dated 28.10.2024 for the offences punishable under Sections 504, 506, 341, 323 & 498 A of the Indian Penal Code.

3. As per the First Information Report, the informant alleged that she was married with the petitioner in the year 2017. After three years of marriage, the petitioner along with other accused persons started illtreating her. She further alleged

2/4 that the petitioner is having extra-marital affair.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The petitioner has filed a petition for divorce, bearing Matrimonial Case No. 457 of 2024 filed on 16.10.2024, pending before the Learned Family Court, Bhojpur at Ara and the present FIR is instituted on 28.10.2024 and the petitioner is not ready to live with the informant.

5. Learned counsel for the petitioner on instructions submits that the petitioner is ready to pay Rs.10,000/-(Rupees Ten Thousand) per month to the Informant as maintenance, till disposal of Maintenance Case, if any.

6. The learned Additional Public Prosecutor as well as learned counsel for the Informant have vehemently opposed the prayer for bail of the petitioner.

7. Learned counsel for the Informant submits that he has no objection if the petitioner is ready to pay Rs.10,000/- (Rupees Ten Thousand) per month to the Informant as maintenance.

8. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days

3/4 from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bhojpur at Ara in connection with Mahila P.S. Case No. 93 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner is directed to pay Rs.10,000/-(Rupees Ten Thousand) monthly as maintenance amount to the Informant, starting from July, 2025 in the account of the Informant which is mentioned as:-Account No:-15291000005895, IFSC CodePSIB0021529, Customer ID-018399060. If the petitioner fails to deposit the aforesaid amount to the Informant, the Informant shall be at liberty to move before the appropriate forum for cancellation of bail bond of the petitioner.

ii. 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. iii. If the petitioner tampers with the evidence or the

4/4 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iv. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Suruchi/- U T