Binod Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19693 of 2020 Arising Out of PS. Case No.-33 Year-2017 Thana- NARDIGANJ District- Nawada ====================================================== BINOD PRASAD, aged about 50 years, M, S/o Dasrath Mahto, R/o- VillKahuara, P.S.- Nardiganj, Distt- Nawada. ... ... Petitioner

Versus

1.

The State Of Bihar.

2.

Vibha Devi, F, W/o Binod Prasad, R/o- Vill- Kahuara, P.S.- Nardiganj, DisttNawada. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Shashi Bhushan Singh For the State :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 341, 323, 308, 494, 379, 504, 506 of the IPC and3/4 of the D.P. Act.

The prosecution story, in brief, is that in the year 2002, marriage of the informant was solemnized with the petitioner. She has three children. The petitioner used to live at

Patna High Court CR. MISC. No.19693 of 2020(2) dt.19-06-2020 2/3 Tata and used to sell Golgappa for his livelihood. When she alongwith her mother and children went to her Sasural she came to know that her husband solemnized second marriage with the another minor girl. On query, he abused and assaulted her. When her mother came to save her, the petitioner assaulted her mother causing head injury. A Panchayati was also held but the same could not succeed.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 10.12.2019. The petitioner has got no criminal antecedent. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner happens to be the husband of the victim. Learned counsel for the petitioner has submitted that the petitioner has not performed the second marriage as alleged in the F.I.R. Due to petty reason, the alleged occurrence is said to have taken place. As far as offences under Sections 308 and 379 of the I.P.C. are concerned, they are superficial in nature.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case.

Patna High Court CR. MISC. No.19693 of 2020(2) dt.19-06-2020 3/3 Considering the facts and circumstances of the case and also the lockdown, let the petitioner above named, be released on bail on his personal bond to the satisfaction of the learned J.M. Ist Class, Nawada in connection with Nardiganj P.S. Case No. 33/17.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.

(Sudhir Singh, J) U.K./- U T