Upendra Kumar @ Sushil Kumar @ Dr. Upendra Kumar @ Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18582 of 2023 Arising Out of PS. Case No.-97 Year-2021 Thana- TARAIYA District- Saran ====================================================== Upendra Kumar @ Sushil Kumar @ Dr. Upendra Kumar @ Sushil Kumar Son Of Late Nagendra Rai R/O Village- Kharauni, Post- Marhaurah, P.S.- Marahaurah, District- Saran At Chapra ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Bibha Kumari Wife Of Dr. Upendra Kumar Rai, D/O Ravindra Rai Presently R/A Village- Gandar, P.O.- Dumri Chhapiya, P.S.- Taraiya, District- Saran At Chapra ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jeetendra Narayan For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 504, 498(A) of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

It is a case of cruelty and ousting the informant from her matrimonial house by the petitioner (husband

Patna High Court CR. MISC. No.18582 of 2023(2) dt.19-04-2023 2/3 of the informant) along with other co-accused persons. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that informant is of selfish nature and she insisted the petitioner for residing alone and living his parents to which petitioner denied and on this dispute the informant lodged the present case to harass the petitioner. Moreover, the petitioner remained in judicial custody for more than three months.

Learned Counsel for the informant submitted that informant is ready to lead her conjugal life. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on

Patna High Court CR. MISC. No.18582 of 2023(2) dt.19-04-2023 3/3 bail in connection with Taraiya P.S. Case No. 97 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Saran, Chapra.

Learned Trial Court is directed to make effort for settling the dispute between the parties so that reconciliation could be meted out between them. (Sunil Kumar Panwar, J) nirajkrs/- U T