Chidanand Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25775 of 2020 Arising Out of PS. Case No.-37 Year-2019 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== CHIDANAND PRASAD SINGH Son of Raj Karan Singh Resident of Village - Marpa Sirpal, P.S.- Mejorganj, District - Sitamarhi. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Kalpana Devi Daughter of Kripa Shankar Prasad Mishra Resident of Village - Pator, Tola Laxmipur, P.S. - Pator O.P. (A.P.M.), District - Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dinesh Jha,Adv For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-01-2021 Heard the parties.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498(A),341,323,504/34 of the Indian Penal Code and 3/4 of D.P.Act.

Petitioner is husband of opposite party No.2. Allegation is of demand of dowry and torture for the same. The allegation was levelled in the year 2019 in the background of Matrimonial Case No.141 of 2015 filed by the petitioner praying therein for restoration of conjugal life and in the alternative for divorce. In the matrimonial suit, opposite party No.2 appeared and submitted that since husband is incapable of

Patna High Court CR. MISC. No.25775 of 2020(4) dt.08-01-2021 2/2 establishing physical relation, she is not willing for restoration of conjugal life.

It has been informed that petitioner for maintenance/ alimony is also pending before the competent court. Considering the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Pator (O.P.) P.S.Case No.37 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner shall fully cooperate with the investigation/trial of the case and also the petitioner shall not leave the country without permission of the learned Trial Court , failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T