Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19243 of 2019 Arising Out of PS. Case No.-180 Year-2018 Thana- ATHMALGOLA District- Patna ====================================================== SUJIT KUMAR Son of Krishnandan Paswan Resident of Raily, P.S.- N.T.P.C. District- Patna.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-06-2019 Heard the parties.

This application is for grant of regular bail in connection with Athmalgola P.S.Case No.180 of 2018 dated 6.8.2018 for the offences under Sections 341, 448, 323, 379, 307, 498A, 494, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Allegation against the petitioner is that he subjected his wife - O.P.no.2 with cruelty with respect to demand of Rs.05 lac and also aborted her pregnancy and there is also allegation of theft of her ornaments. Further allegation is that he has married with another lady and trying to remove her name from the service book.

Submission of the learned counsel for the petitioner is that all allegations are false and concocted and he

Patna High Court CR. MISC. No.19243 of 2019(4) dt.19-06-2019 2/3 has stated on oath that he is still ready to keep her. Petitioner is an employee in the railway.

Heard learned A.P.P. as well as the learned counsel for the O.P.no.2 They have opposed the prayer for bail and stated that in view of the fact that as he has married with another lady, she is not ready to reside with the petitioner and the petitioner is also not paying any amount to her for maintenance.. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner surrender before the learned court below on 2.7.2019 and on surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Barh, District Patna in connection with Athmalgola P.S.Case No.

180 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure, with further condition that he will pay Rs.05,000/- (Five Thousand) per month to the O.P.no.2 for her maintenance for a period of one year, in the meantime, O.P.no.2 is at liberty to file Maintenance Case before the learned Family Court, in which the petitioner shall also cooperate in disposal and he will abide by any order passed by the learned Family Court either interim or final order.

Patna High Court CR. MISC. No.19243 of 2019(4) dt.19-06-2019 3/3 With the above direction, this application is disposed of. (Vinod Kumar Sinha, J) chn/- U T