Santosh Kumar Sah @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24078 of 2020 Arising Out of PS. Case No.-523 Year-2019 Thana- RAJAON District- Banka ====================================================== Santosh Kumar Sah @ Santosh Kumar Son of Ghanshyam Sah @ Ghanshyam Prasad Sah Resident of Village - Katiya, Jagdishpur, P.S. - Rajoun, District - Banka.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Ritu Devi Resident of Village - Katiya, Jagdishpur, P.S. - Rajoun, District - Banka.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Md. Sufiyan,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-11-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Rajoun P.S. Case No. 523 of 2019 registered for the offence under Sections 498(A)/379 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

As per the prosecution case, the informant was married to this petitioner and after the marriage, this petitioner alongwith his family members started demanding Rs. Two lacs, as dowry, and due to non-fulfillment of the same, the informant was subjected to torture. It is also alleged that this petitioner also took out the jewellery of the informant from her box. It is submitted on behalf of petitioner that petitioner is innocent and no such demand of dowry has been made. In fact,

Patna High Court CR. MISC. No.24078 of 2020(3) dt.04-11-2020 2/2 petitioner was residing in his sasural, but when he was tortured by his in-laws members, he left his sasural. It is further submitted that petitioner is ready to keep his wife with full honour and dignity. Petitioner is in custody since 10-01-2020. Chargesheet has already been submitted.

Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka in connection with Rajoun P.S. Case No. 523 of 2019 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay/- U T