Patna High CourtCR. MISC./32246/2023bail granted

Sujit Kumar Yadav v. The State Of Bihar

2023-06-21Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32246 of 2023 Arising Out of PS. Case No.-353 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Sujit Kumar Yadav Son Of Ram Narayan Yadav Resident Of Village- Usari, Ps- Kusheshwar, Asthan, Distt- Darbhanga ... ... Petitioner/s

Versus

The State of Bihar 2.

Khushboo Devi Wife Of Sujit Kumar Yadav Resident Of Village- Dinamo, Ps- K. Asthan, Dist- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Tapeshwar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Kusheshwar Asthan P.S. Case No. 353 of 2022 dated 10.10.2022, instituted for the offence punishable under Sections 341, 323, 498A, 354B, 379, 504, 506/34 of the Indian Penal Code.

3. The prosecution case, in short, is that the informant Khushboo Devi married with petitioner Sujit Kumar Yadav in 2012 and after marriage two sons were born out of the wedlock. It is further alleged that during subsistence of her marriage, the petitioner had developed illicit relation with one Mamta Kumari and brought her to his home and married to her. On resisting by the informant, the petitioner and his family members tried to kill

Patna High Court CR. MISC. No.32246 of 2023(2) dt.21-06-2023 2/3 her by pouring kerosine oil on her body. They used to beat and torture her. Again on 30.09.2022 in the night when she was sleeping along with her children then the petitioner and other coaccused persons entered in the room and she was dragged by her father-in-law by catching her hair on the ground and petitioner tried to hang her by pulling the other end of the saree to the ceiling fan.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the petitioner has not committed any offence. Learned counsel for the petitioner further submits that the petitioner was married with Khushboo Devi in the year 2012 and since then no complain was filed against the petitioner. Learned counsel for the petitioner submits that the petitioner is the husband of the informant and he keeps his wife with full dignity and honour. Lastly, it has been submitted that the petitioner is in custody since 03.02.2023 having no criminal antecedents. Charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.32246 of 2023(2) dt.21-06-2023 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Biraul, Darbhanga, in Kusheshwar Asthan P.S. Case No. 353 of 2022.

(Khatim Reza, J) premchand/- U