Surya Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41847 of 2021 Arising Out of PS. Case No.-12 Year-2020 Thana- MAHILA P.S. District- Sitamarhi ====================================================== SURYA PRAKASH Son of Ram Naresh Sah Resident of Village-Riga, Ward No.1, P.S.- Riga, District- Sitamarhi.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mrs.Sucheta Yadav For the Informant :

Mr. Ashok Kumar Garg ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner, learned Additional Public Prosecutor appearing on behalf of the State and learned counsel appearing on behalf of the informant. This application for grant of regular bail arises out of Sitamarhi Mahila P.S. Case No. 12 of 2020, registered for the offence punishable under Section 323, 498(A), 504/34 of the Indian Penal Code.

The petitioner is the husband of the informant. Learned counsel appearing on behalf of the petitioner has submitted that admittedly the marriage was solemnized in 2012. He contends that it is only because of the matrimonial dispute between the petitioner and the informant that a false criminal

Patna High Court CR. MISC. No.41847 of 2021(2) dt.06-01-2022 2/2 case has been lodged.

Learned counsel for the informant has opposed the prayer for bail and has submitted that the petitioner refused to participate in the mediation process despite the Court's order. Be that as it may, the petitioner is in custody since 06.02.2021 and the trial is not likely to be concluded in near future. This application is, therefore, allowed. Let the petitioner, above named, be released 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 Sub-Divisional Judicial Magistrate, Sadar, Sitamarhi, in Sitamarhi Mahila P.S. Case No. 12 of 2020.

(Chakradhari Sharan Singh, J) Pawan/- U T