Tapesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27887 of 2021 Arising Out of PS. Case No.-321 Year-2019 Thana- RAJAON District- Banka ====================================================== Tapesh Das Son of Nagendra Das Resident of Village - Sakahara, P.S.- Nawada (Rajaun), District - Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Suman Devi Wife of Tapesh Das Daughter of Shambhu Das, Resident of Village - Sakahara, P.S.- Rajaun (Nawada), District - Banka at present Village - Bishanrampur, P.S.- Kavreli, District - Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shree Niwas Singh, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-01-2022 Heard learned counsel for the petitioner and Shri Madan Kumar, learned A.P.P. for the State through virtual Court proceedings.

The petitioner seeks regular bail in connection with Nawada (Rajaoun) P.S. Case No. 321 of 2019 dated 26.07.2019 instituted for the offences under Sections 498A and 34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry and Prohibition Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 27.08.2019, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.27887 of 2021(3) dt.10-01-2022 2/3 informant in the F.I.R. alleges that she was married to the petitioner in the year 2013 and the petitioner along with his family members were demanding Rs. 1 lakh and a motorcycle, further due to intervention of well-wishers the informant stayed with the petitioner but the petitioner was having illicit relationship with his Bhabhi and when the informant objected, she was assaulted and further she gave birth to a female child, hence petitioner and other family members ousted her from her matrimonial home.

Learned counsel for the petitioner submits that the petitioner is still willing to keep the informant as wife with full dignity and honour and also submits that allegations are false and fabricated as the informant was not willing to stay with the petitioner.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 27.08.2019, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand only) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.27887 of 2021(3) dt.10-01-2022 3/3 Chief Judicial Magistrate, Banka in connection with Nawada (Rajaoun) P.S. Case No. 321 of 2019.

(Satyavrat Verma, J) Rishi/- U T