Subhash Chandra Bose v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38471 of 2024 Arising Out of PS. Case No.-99 Year-2023 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Subhash Chandra Bose, Son of Late Shyam Bihari Ram Resident of VillageKinarchola, P.S- Chenari, Dist- Rohtas At Sasaram. At Present Residing atN.P.T.C Upahar C.I.S.F Camp, Prayagraj, Dist- Allahabad ( U.P) ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sarita Devi, Wife of Yogesh Paswan Daughter of the Complainant Namely Hema Kumari Opposite Party No.2 Wife of Subhash Chandra Bose, Resident of Village- Nayakpur, P.S- Chenari, Dist- Rohtas , Sasaram 3.
Hema Kumari, W/o- subhash Chandra Bose R/o Village Nayakpur, PS Chenari Dist. -Rohtas at Sasaram ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghunandan Kumar Singh For the Opposite Party/s :
Mr. Nagendra Prasad Mr. Chandra Mohan Jha Mr. Rakesh Kumar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-08-2024
1. Heard learned counsel for the petitioner, the learned counsel appearing on behalf of the opposite party no.3 and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 498(A) and 420 of the Indian Penal Code and Sections 3 and 4 of the D. P. Act, but case was prima facie made out under Sections 323 and 498(A) of the I.P.C. and Section 4 of the D. P. Act.
Patna High Court CR. MISC. No.38471 of 2024(4) dt.20-08-2024 2/3
3. The petitioner and the opposite party no.3, in compliance of the order dated 08.08.2024, are present in the Court.
4. The petitioner, who is present in the Court, submits that he has been falsely implicated in the instant case by the complainant being husband. It is also submitted that petitioner is still willing to keep the opposite party no.3 with honour and dignity and he intends to revive his conjugal relationship.
5. The opposite party no.3, who is present in the Court, flatly refuses to accompany the petitioner, nor is interested in reviving the conjugal relationship rather stated that she was married with the petitioner in the Year 2021 and before she parted, till then, the marriage was not consummated.
6. After hearing the parties, the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten
Patna High Court CR. MISC. No.38471 of 2024(4) dt.20-08-2024 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Rohtas at Sasaram in connection with Complaint Case No.99 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T