Premchandar Verma@Premchand Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43906 of 2023 Arising Out of PS. Case No.-1432 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== PREMCHANDAR VERMA@PREMCHAND VERMA SON OF LATE AMARNATH VERMA RESIDENT OF VILLAGE- BALIACHOWK, GRUDWARA ROAD, NEAR MAHARANI MADIR, BALIA , PS- ACTENGANJ, PO- SHAHID PARK, DISTT- BALIA, UP ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SALONI KUMARI WIFE OF PREMCHANDRA VERMA RESIDENT OF VILLAGE- SONAR TOLI, POST- JHAUGANJ, PATNA CITY, PS- KHAJEKALAN, DISTT- PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Promad Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-08-2023

1. Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in connection with C.A Case no. 1432 of 2019 in which cognizance was taken under section 498A of the Indian Penal Code.

3. As per the prosecution case, the accused persons including the petitioner herein are said to have tortured the complainant for non-fulfillment of demand of Rs. 1 lacs in cash and lastly ousted her from the matrimonial house.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only on account of his being the husband of the complainant. The allega-

Patna High Court CR. MISC. No.43906 of 2023(2) dt.22-08-2023 2/3 tions are false and concocted and for this reason after conclusion of inquiry cognizance was taken only under section 498A of the Indian Penal Code. The petitioner has no criminal antecedent.

5. The application for bail is opposed by learned APP for the State and learned counsel for the complainant. Learned counsel for the complainant submits that not only the petitioner is the husband of the complainant but there is direct allegation against him in the complaint as also in the SA of the witnesses. It is further submitted that once the petitioner is enlarged on bail, he being the resident of Uttar Pradesh will not cooperate in the case/trial.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the complaint, cognizance having been taken under section 498A of the Indian Penal Code and the petitioner not having any criminal antecedent, in the event of his arrest or surrender within four weeks, the above named petitioner is directed to be enlarged on bail in connection with C.A. Case no. 1432 of 2019 on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M, Patna City, Patna subject to the following conditions :

Patna High Court CR. MISC. No.43906 of 2023(2) dt.22-08-2023 3/3 (i) The petitioner shall remain properly represented in Court on each and every date of the trial.

(ii) In case the learned Trial Court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the learned Trial Court may cancel the bail bond of the petitioner and take him into custody till conclusion of the trial.

(Partha Sarthy, J) Prakash/- U