Upendra Singh @ Upendra Sharma @ Lalu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39193 of 2021 Arising Out of PS. Case No.-25 Year-2020 Thana- CHANDI District- Bhojpur ====================================================== Upendra Singh @ Upendra Sharma @ Lalu Singh R/O Village-Khangaon, P.S.- Chandi, District-Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surj Bansh Roy For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-10-2021 This matter is taken up for consideration through Video Conferencing.

Heard both parties.

The petitioner seeks bail in Chandi P.S. Case No. 25 of 2020, registered for the offence punishable under Sections 307, 498(A) and other allied of the Indian Penal Code. As per the prosecution case, allegation against this petitioner is that he used to torture and harass the informant for dowry and also tried to kill her by pressing her neck. Petitioner is the husband of informant. The marriage was solemnized in the year 2004.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and no such occurrence as alleged by the informant has taken place.

Patna High Court CR. MISC. No.39193 of 2021(2) dt.01-10-2021 2/2 Petitioner never demanded dowry or assaulted the informant. He is ready to keep his wife (informant) with full dignity and honour, but the informant wants to live at her Maike with her two sons. Petitioner is in custody since 15.01.2021 having clean antecedent.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Chandi P.S. Case No. 25 of 2020, subject to following conditions:- (i) The petitioner shall co-operate 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T