Birendra Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 29046 of 2023 Arising Out of PS. Case No.-50 Year-2019 Thana- SANOKHAR District- Bhagalpur ====================================================== BIRENDRA PRASAD SINGH Son of Rama Shankar Prasad Singh @ Ramashankar Singh Resident of Village - Jalaha, P.S.- Sanokhar, District - Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with S.Tr. No. 670 of 2019/ Sanokhar P.S. Case No. 50 of 2019 for the offence under Sections 498A, 302 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 21.08.2019.

The prosecution case in nutshell as per written report of the informant. It has been stated that informant's sister-in-law (Nanad) namely Vinita Devi, has solemnized with the petitioner before 16 years ago as per Hindu rites. After some time of marriage, petitioner was started torturing and assaulting her. Thereafter, several times matter was compromised between them by the villagers but petitioner repeatedly took liquor and in the state of drunkenness, he was torturing and assaulting the victim, due to this reason, informant's sister-in-law was residing

Patna High Court CR. MISC. No. 29046 of 2023(2) dt.24-05-2023 2/2 in her maternal house since 10 years. Thereafter, petitioner came to his Sasural Sahichak Pakriya and told that he will keep his wife peacefully. On 23-04-2019, she has got information on mobile phone from neighbours that accused petitioner commit murdered his wife, by beating her and strangulating. Considering the fact that the petitioner has got no criminal antecedent and period of custody, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-V, Bhagalpur in connection with S.Tr. No. 670 of 2019/ Sanokhar P.S. Case No. 50 of 2019.

It is also subject to the condition that the petitioner would cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Harsh/ U T