Sushil Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14251 of 2020 Arising Out of PS. Case No.-132 Year-2019 Thana- MAHILA P.S. District- Nalanda ====================================================== Sushil Kumar Sinha Son of Late Mahavir Prasad Mehta Resident of Village - Naraura, P.S.- Nawada, District - Nawada.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Rani Kumari Daughter of Yamuna Prasad Resident of Village + Post Office Varidh, P.S.- Katari Sarai, District - Nalanda. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Birendra Kumar Singh, Advocate For the Opposite Party :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-07-2020 Heard learned counsel for the petitioner, learned Additional Public Prosecutor appearing on behalf of the State as well as learned counsel for the informant.

The petitioner, who is the husband of the informant, is apprehending arrest in connection with Mahila P.S. Case No. 132 of 2019 for offences under Sections 498A, 323, 504, 506, 341 and 307/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. Learned counsel submits that the petitioner has filed Matrimonial Case No. 162 of 2019 for restitution of conjugal rights pending before the Principal

Patna High Court CR. MISC. No.14251 of 2020(2) dt.06-07-2020 2/2 Judge, Family Court, Nawada and opposite party no. 2 has also filed Maintenance Case No. 163 of 2019 before the Principal Judge, Family Court, Nalanda at Biharsharif.

Learned counsel appearing on behalf of the informant submits that the attitude of the petitioner is not congenial towards his wife.

Considering the fact that the petitioner is ready to pay Rs.10,000/- (Rupees ten thousand) as maintenance to the opposite party no. 2, the Court is inclined to grant bail him. Let petitioner, above-named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Nalanda at Biharsharif in connection with Mahila P.S. Case No. 132 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. In the event the petitioner fails to pay any instalment of Rs.10,000/- to the opposite party, the court below shall be at liberty to cancel his bail bond.

(Anil Kumar Upadhyay, J) BT/- U T