Mangal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19038 of 2022 Arising Out of PS. Case No.-422 Year-2021 Thana- BHORE District- Gopalganj ====================================================== MANGAL SINGH S/o Late Hari Singh Resident of Village- Raghua, P.S.- Uchakagaon, District- Gopalganj.
... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Sushma Maurya W/o Mangal Singh Resident of Village- Raghua, P.S.- Uchakagaon, District- Gopalganj, presently residing at D/o Ramanand Prasad, Resident of Village- Hussepur Nawaka Tola, P.S.- Bhore, DistrictGopalganj. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Naresh Prasad,Advocate For the Opposite Party/s :
Mr.Nand Kumar,APP For the Informant :
Mr. Jitendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-01-2023 Heard Mr. Naresh Prasad, learned counsel for the petitioner, Mr. Jitendra Kumar Singh, learned counsel for the informant and Mr. Nand Kumar, learned APP for the State. The petitioner apprehends his arrest in connection with Bhore P.S. Case No. 422 of 2021 for the offence registered under Sections 341, 323, 498(A), 504 and 34 of the Indian Penal Code.
As per the prosecution story, the informant alleged that in 2021, the marriage was solemnized and Rs. 3 lakhs were given but she was tortured regularly and on 16.09.2021, the gold ornaments were snatched and she was locked in the house and
Patna High Court CR. MISC. No.19038 of 2022(3) dt.09-01-2023 2/3 later on subsequent day, she was assaulted and thrown out of the house. Accordingly, the FIR was lodged.
Learned counsel for the petitioner submits that he being the husband of the informant is ready to keep her and further duty bound to take care of her and till any order is passed by the concerned Court regarding payment to her, he on his own wants to maintain her by paying Rs. 5,000/- per month irrespective of the outcome of this case.
Learned counsel for the informant submits that in view of the torturous attitude of the petitioner, she does not want to continue with him and as such, she will take appropriate steps in the matter and till then if he is ready to give financial assistance to her, she do not have any objection. Taking into account the aforesaid facts as also that he do not have criminal antecedent, this Court is inclined to grant him relief subject to payment of Rs. 5,000/- per month by 10th of every month beginning January, 2023.
Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial
Patna High Court CR. MISC. No.19038 of 2022(3) dt.09-01-2023 3/3 Magistrate, Gopalganj, District-Gopalganj in connection with Bhore P.S. Case No. 422 of 2021 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Rajiv Roy, J) Jagdish/Neha/- U T