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Patna High CourtCR. MISC./15130/2020bail rejected

Suman Sah @ Suman Kumar Sah v. The State Of Bihar

2021-01-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15130 of 2020 Arising Out of PS. Case No.-176 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Suman Sah @ Suman Kumar Sah aged about 30 years S/o Rajendra Sah R/o village- Narkatiya, P.S.- Dapra, District- East Champaran ... ... Petitioner

Versus

1.

The State of Bihar 2.

Lalita Devi W/o Suman Sah, D/o Raj Kishore Prasad R/o village- Islampur Dhaka, P.S.- Dhaka, District- East Champaran ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Anil Kumar, Advocate For the Opposite Party :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-01-2021 Heard learned counsel for the petitioner, the State and the opposite party no.2 via Video conferencing. Petitioner apprehends arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. Petitioner, husband of opposite party no.2, as well as his family members are alleged to have subjected the opposite party no.2 to cruelty and harassment for non-fulfilment of dowry demand. They also tried to set her on fire by pouring Kerosene oil but due to intervention of neighboures she could be saved.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.15130 of 2020(3) dt.28-01-2021 2/2 petitioner is ready to keep opposite party no.2 with care and dignity. He submits that the petitioner is labourer and cannot pay maintenance to opposite party no.2.

Learned counsel for the State and the informant oppose the prayer for bail submitting that opposite party no.2 is not willing to go to her matrimonial house because of ill treatment meted out to her at the hands of the petitioner and his family members. Petitioner is not even ready to pay her maintenance.

Considering the nature of allegation against the petitioner who happens to be the husband of the victim, his prayer for bail is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.

(Prabhat Kumar Singh, J) Shashi U T