Patna High CourtCR. MISC./42196/2024bail granted

Sundar Rai v. The State Of Bihar

2024-06-24Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42196 of 2024 Arising Out of PS. Case No.-1904 Year-2019 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Sundar Rai SON OF Deo Narain Rai Resident of Village- Muzari PS -Khanpur District -Samastipur ... ... Petitioner/s

Versus

The State of Bihar BIHAR 2.

SURUCHI KUMARI WIFE OF SUNDAR RAI VILLAGE- SOMNAHA, PS- CHAKMEHSI, DIST- SAMASTIPUR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Adv.

For the Informant :

Mr. Amar Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-06-2024 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with T.R. No. 2122 of 2024 arising out of C.R. No. 1904 of 2019 registered for the offence/s punishable u/s 498A of the Indian Penal Code and section 4 of the DP Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the complainant mentally and physically due to non-fulfillment of

Patna High Court CR. MISC. No.42196 of 2024(2) dt.24-06-2024 2/3 demand of Rs. one lakh as dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the complainant. The petitioner never demanded any dowry nor tortured the complainant. There is general and omnibus allegation against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.04.2024.

5. Learned counsel for the complainant as well as learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with T.R. No. 2122 of 2024 arising out of C.R. No. 1904 of 2019.

7. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the

Patna High Court CR. MISC. No.42196 of 2024(2) dt.24-06-2024 3/3 purpose of reconciliation or one time settlement.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T