Pankaj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46838 of 2023 Arising Out of PS. Case No.-24 Year-2022 Thana- MAHILA P.S. District- Bhagalpur ====================================================== PANKAJ KUMAR SAH Son of Sri Upendra Sah Resident of VillageJamunia, P.S.-Parbatta, District-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 498A of the Indian Penal Code.

3. As per prosecution case, the informant was married with the petitioner in 2012 and since last one year her husband was torturing her. One son and one daughter are blessed out of their wedlock. It is further stated that all the accused, who is named in the FIR have assaulted her and ousted her from matrimonial house and they also threatened her for dire consequences, if she will again came to this house.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.46838 of 2023(3) dt.21-08-2023 2/2 committed no offence. Petitioner is the husband of the informant and neither he tortured the informant nor his family members. The marriage is said to have been happened between the petitioner and the informant in the year 2012, during those period they lead conjugal life very peacefully. Petitioner is ready to keep his wife (informant) with full dignity and honour. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 17.04.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Naugachia (Mahila) P.S. Case No. 24 of 2022.

(Sunil Kumar Panwar, J) arish/- U T