Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36898 of 2022 Arising Out of PS. Case No.-26 Year-2020 Thana- MAHILA THANA District- Begusarai ====================================================== DEEPAK KUMAR SON OF NIPENDRA SINGH RESIDENT OF VILLAGE- VISHNUPUR CHAND, P.S.- BARAUNI (CHAKIA O.P.), DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

SARITA KUMARI DAUGHTER OF MAKSHUDAN SINGH @ MADHUSUDANSINGH RESIDENT OF VILLAGE- BIHAT, WARD NO. 02, P.S.- BARAUNI, DISTRICT- BEGUSARAI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.APP Mr. Suresh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-04-2023 Heard learned counsels for the petitioner, opposite party no. 2 and learned A.P.P. for the State. The petitioner is apprehending his arrest in connection with Mahila PS Case No. 26 of 2020 for the offence registered under Sections 498(A), 323, 325/34 and some other ancillary Sections of the I.P.C.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has has falsely been implicated in

Patna High Court CR. MISC. No.36898 of 2022(5) dt.24-04-2023 2/3 the present case due to petty family dispute. It is further submitted that in Maintenance Case No. 53/ 2021 and order for payment of ad interim maintenance of Rs. 5500/- had been passed and the petitioner has started payment of Rs. 5500/- and first payment is received by O.P. No.2 on 06.01.2023. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is the husband of the victim. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. Petitioner has got clean antecedent.

On behalf of the learned counsels for the State and the opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub divisional Judicial Magistrate, Begusarai in connection with Mahila PS case No.

Patna High Court CR. MISC. No.36898 of 2022(5) dt.24-04-2023 3/3 26/ 2020, subject to conditions laid down u/s 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J) BKS/- U T