Rajesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37353 of 2020 Arising Out of PS. Case No.-146 Year-2020 Thana- PIRO District- Bhojpur ====================================================== RAJESH SINGH Son of Khlifa Singh Resident of Village- Baluan Tola, P.S.- Piro, District- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Dinesh Singh For the informant :

Mr. Shiv Pd. Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-02-2021 Heard the learned counsel for the petitioner, Sri Dinesh Singh, the learned APP for the State and Sri Shiv Pd. Gupta, the learned counsel for the informant. The petitioner seeks regular bail in connection with Piro PS case no. 146 of 2020 instituted for the offence punishable under Sections 498A/34 of Indian Penal Code and 3/4 of D.P. Act.

The allegation is regarding the marriage of the petitioner having been solemnized with the informant about 06 years back as per Hindu rites and rituals and it is alleged that the petitioner used to torture the informant on account of non-fulfilment of the demand for dowry and he has also solemnized second marriage and brought the said lady to his house.

Patna High Court CR. MISC. No.37353 of 2020(2) dt.02-02-2021 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 05.08.2020. The learned counsel for the petitioner has further submitted that the petitioner is ready to settle the matrimonial dispute amicably in between him and his wife.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also the undertaking of the petitioner to the effect that he is ready and willing to settle the matrimonial dispute in question, I deem it fit and appropriate to admit the petitioner to the privilege of bail, however subject to certain conditions which are being enumerated hereinbelow.

Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-Vth, Bhojpur at Ara in connection with Piro PS case no. 146 of 2020.

Patna High Court CR. MISC. No.37353 of 2020(2) dt.02-02-2021 3/3 It is needless to state that the learned court below shall engage the petitioner and his wife in mediation proceedings for the purposes of amicably settling the matrimonial dispute, for which purpose the petitioner is directed to attend each and every date so fixed by the learned court below and in case of two consecutive defaults, the privilege of bail being extended to the petitioner herein, shall stand cancelled automatically, forthwith. (Mohit Kumar Shah, J) rinkee/- U T