Shambhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41385 of 2022 Arising Out of PS. Case No.-46 Year-2019 Thana- MAHILA P.S. District- Rohtas ====================================================== Shambhu Kumar Son Of Sarvajeet Kumar Sah Residen Of VillageVivekananda Nagar, Block Road Ratu, P.S.- Ratu, District- Ranchi Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Singh, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-11-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Mahila P.S. Case No. 46 of 2019 lodged under Sections 498(A), 315/ 34 of the I.P.C. read with Section 3⁄4 D. P. Act. As per the prosecution case, there is allegation against the petitioner about physical and mental torture and other Section of Indian Penal Code as well as demand of dowry is there.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Learned

Patna High Court CR. MISC. No.41385 of 2022(3) dt.18-11-2022 2/3 counsel submits that he is ready to keep his wife with respect and dignity. Learned counsel submits that he is in custody since 10.05.2022 having clean antecedent.

Learned counsel for the informant submits that reliance may not be made on the statement of the petitioner as opportunity has been given several times to the petitioner but he was not physically present before the Additional Sessions Judge, Rohtas, Sasaram for settlement but counsel for the petitioner submits here that he may be granted provisional bail. He shall settle the matter then his bail will be confirmed. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted provisional bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Rohtas, Sasaram in connection with Mahila P.S. Case No. 46 of 2019, subject to the conditions as laid down under Section 437(3) of Cr.P.C. After release, the trial court shall fix a date or refer the matter before the mediation fixing a date for conciliation between the parties. If the petitioner shall not support in

Patna High Court CR. MISC. No.41385 of 2022(3) dt.18-11-2022 3/3 conciliation then his bail bond shall be cancelled within 90 days and if settlement took place, his bail shall be confirmed by the trial court himself.

With this observation, the bail application stands disposed off.

(Dr. Anshuman, J.) prakashmani/- U T