Sanjeet Kumar @ Sandeep Kumar @ Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40815 of 2021 Arising Out of PS. Case No.-482 Year-2019 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== Sanjeet Kumar @ Sandeep Kumar @ Sanjeev Kumar S/O Suresh Choudhary, R/o village- Congress, Mohalla- Pani Tanki, P.S.- Mahanar, District- Vaishali at Hajipur ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Shole Sangam W/o Sanjeet Kumar Resident of - Congress, Mohalla- Pani Tanki, P.O. and P.S.- Mahanar, District- Vaishali at Hajipur, at present resides D/o Shambu Choudhary, R/o village- Ababkarpur, P.O.- Phular, P.S.- Mahua, District- vaishali at Hajipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anish Chandra, Advocate For the Opposite Party/s :

Mrs. Veena Rani Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 02-11-2022 Heard learned counsel for the petitioner and learned APP for the State. However, no one has appeared on behalf of complainant.

Let the defect(s), if any, as pointed out by the office be removed within four weeks from today.

In the present case, the petitioner seeks bail in connection with Complaint Case No. C1-482/2019, Trial No. 251/2019, registered for the alleged offences under Section 498 (A) of the Indian Penal Code.

As per prosecution case, the allegation against the petitioner is that he tortured and treated his wife with cruelty on

Patna High Court CR. MISC. No.40815 of 2021(5) dt.02-11-2022 2/3 account of his demand of a four wheeler vehicle and drove her away from his house.

The learned counsel for the petitioner submits that the allegations are false and fabricated against the petitioner. He always wanted to keep his wife with honour and dignity, but the complainant-wife does not want to stay with him. The petitioner even joined the mediation proceeding before the Mediator, Patna High Court Mediation & Conciliation Centre, but the matter could not be resolved. Prior to the alleged occurrence, the petitioner filed an informatory petition against the complainant as she always used to threaten him to implicate him in a false case. Due to attitude and behaviour of the complainant, the petitioner has been suffering from mental ailments. The petitioner has been in custody since 11.04.2021. The charge sheet has been submitted. During reconciliation proceeding, the petitioner was granted provisional bail.

Learned APP opposes the prayer for bail submitting that there is specific allegation against the petitioner along with other co-accused persons.

Perused the records.

Having regard to the facts and circumstances and submissions made here-in-above and considering the period of

Patna High Court CR. MISC. No.40815 of 2021(5) dt.02-11-2022 3/3 custody of the petitioner along with submission of charge sheet, the provisional bail granted to the petitioner in connection with Complaint Case No. C1-482 of 2019, vide order dated 14.02.2022, is hereby confirmed, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T