Guddu Singh @ Nagendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31253 of 2023 Arising Out of PS. Case No.-119 Year-2022 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== GUDDU SINGH @ NAGENDRA SINGH son of Sharma Singh @ Indradeo Singh Village-BasahiPs-Kudara Dist-kaimur ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Seema Devi wife ofGuddu Singh @ Nagendra Singh Village-Sonabarasa PsKudara Dist-Kaimur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyendra Pandey For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Complaint Case No. 119 of 2022 (Reg. No. 1354/2022), where cognizance was taken under Sections 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. The accused/petitioner is named in complaint petition and is in custody since 03.03.2023.

The allegation as set out through complaint petition against this petitioner is to commit cruelty upon complainant

Patna High Court CR. MISC. No.31253 of 2023(2) dt.27-06-2023 2/3 due to non-fulfillment of demand of dowry, as raised for cash of Rs. 2 lacs. It is further alleged that petitioner solemnized his second marriage.

Learned counsel appearing on behalf of the petitioner submitted that petitioner out of routine matrimonial discord implicated falsely with present case on the instance of parents of the complainant. It is submitted that the allegation as to raise demand of dowry is appearing very much general and omnibus. It is further submitted that as a matter of good gestures till conclusion of trial, petitioner is ready to pay Rs. 3,000/- per month as ad-interim maintenance till finding of concern family Court over the Subject of maintenance.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as petitioner is in custody since 03.03.2023 and ready to pay Rs. 3,000/- per month as ad-interim maintenance to complainant, accordingly the petitioner, above named, is directed to be released on bail in connection with Complaint Case No. 119 of 2022 (Reg. No. 1354/2022) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Mohania Kaimur/concerned

Patna High Court CR. MISC. No.31253 of 2023(2) dt.27-06-2023 3/3 Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C., with further conditions: "(i) That petitioner shall pay Rs.

3,000/- to complainant/wife, namely, Seema Devi before 7th day of every English Calendar month from the month of July 2023. The first installment shall be paid to complainant/wife at the time of furnishing bail bond.

(ii) The cash payment shall be duly acknowledged by complainant/wife. On availability of bank account details petitioner may transfer aforesaid ad-interim maintenance of Rs. 3,000/- to bank account of complainant/wife.

(iii) On default for two consecutive months, learned trial Court itself shall be at liberty to cancel the bail bond." (Chandra Shekhar Jha, J) Archana/- U T