Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27467 of 2020 Arising Out of PS. Case No.-50 Year-2020 Thana- TRIVENIGANJ District- Supaul ====================================================== SUBHASH KUMAR Son of Bhajendra Yadav A Resident of VillageLakshminiya, P.S.- Tribeniganj, District- Supaul. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Pushpa Kumari W/o Subhash Kumar, S/o Siya Ram Yadav Resident of Village- Manganj west Ward No. 3, P.S.- Jadia, District- Supaul. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamal Kishore Singh For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-11-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Dinesh Singh, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Tribeniganj P.S. Case No. 50 of 2020 for the offence punishable under Sections 341, 323, 494, 498(A), 379, 504/34 of the Indian Penal Code.

The case of the informant in brief is that the marriage of the informant was solemnized with the petitioner on 28.05.2016 as per Hindu rite and rituals, whereafter she had gone to her matrimonial home, however, the accused persons,

Patna High Court CR. MISC. No.27467 of 2020(2) dt.02-11-2020 2/3 including the petitioner herein, used to abuse and beat her on account of her father having not met their demand for giving 2 kathas of land at Triveniganj Bazar, by way of dowry. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 25.02.2020.

Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the parties as also taking into account the period of incarceration of the petitioner herein and his undertaking to keep the informant with due honour and dignity, I deem it fit and proper to direct for release of the petitioner on regular bail, subject to the petitioner furnishing undertaking before the Ld. Court below that he is willing to join and cooperate in the mediation proceedings, to be initiated by the learned court below in seisin of the matter within a period of two weeks from the date of release of the petitioner on bail, so that the matrimonial dispute in question can be settled amicably. Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st,

Patna High Court CR. MISC. No.27467 of 2020(2) dt.02-11-2020 3/3 Supaul in connection with Tribeniganj P.S. Case No. 50 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T