Rajeev Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16970 of 2022 Arising Out of PS. Case No.-8 Year-2022 Thana- KORANSARAI District- Buxar ====================================================== Rajeev Kumar Singh Son Of Rajendra Kumar Singh R/O Village- Dullahpur, P.S.- Simri, Dist.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikramdeo Singh, Adv.
Mr. Arvind Kumar Pradhan, Advocate For the Opposite Party/s :
Mr. Bal Mukund Prasad Sinha, APP For the Informant :
Mr. Makardhwaj Upadhyaya, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-08-2022 Heard learned counsel for the petitioner, the State and learned counsel for the informant.
Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The case is registered under Sections 341, 323, 498A, 504, 506/34 of the Indian Penal Code and under Section 3⁄4 of the D.P. Act in connection with Koransarai P.S. Case No.08/2022.
As per the allegation in the FIR, the informant is the wife of the petitioner herein and she has alleged that she was regularly subjected to assault for want of dowry and further alleged that on the fateful night, she was forced out of her house and anyhow reached her parent's house and thereafter a 'panchayati' was called whereafter the FIR was lodged.
2/4 Mr. Vikramdeo Singh, learned counsel for the petitioner submits that although he denies the allegation made in the FIR, as he has solemnized the marriage with the lady, irrespective of the outcome of this case, he wants to secure her future and has further submitted that a fixed deposit of Rs.1,00,000/- issued by the State Bank of India of the local Branch will be submitted before the Trial court for handing it over to the lady after checking her bona fide through Government documents (like Voter ID/Aadhar etc.). It is further submitted that the petitioner further wants to pay Rs.3000/- per month to the lady till any order is passed by a matrimonial court after which this payment shall be merged with that order. So far as the case in hand is concerned, learned counsel for the petitioner submits that to give a chance to save the marital life of the couple, it is important that the husband comes out of the jail where he is lodged since 19.02.2022 (as stated in para-14 of the bail application), a fact even learned counsel for the informant accepts.
Taking into account the aforesaid fact that the couple wants to give a chance to save their marital life, this Court is inclined to grant the petitioner privilege of bail, which is accordingly ordered.
3/4 Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Koransarai P.S. Case No.08/2022 to the satisfaction of learned Chief Judicial Magistrate, Buxar, subject to following conditions: (i) he shall submit a fixed deposit of Rs.1,00,000/- issued by local S.B.I. to the court of learned CJM, Buxar to be handed over to the Ruby Kumari;
(ii) he shall further ensure payment of Rs.3000/- in the saving Account of the informant every month till any order is passed by any matrimonial court, failing which the State shall be at liberty to take steps for cancellation of his bail bonds; (iii) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(iv) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his bail by the Trial court itself;
(v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for
4/4 cancellation of his bail bonds.
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Prakash Narayan /- U T