Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50160 of 2024 Arising Out of PS. Case No.-61 Year-2022 Thana- MAHILA P.S. District- Rohtas ====================================================== Shankar Prasad Son of Late Kedar Prasad R/O Vill.- Thatheri Bazar, Dumraon, P.s.- Dumraon, Dist.- Buxar ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Anjani Kumari D/o Late Ayodhya Prasad, W/o Shankar Prasad R/O Thatheri Bazar, Near Science College Patna, P.S.- Pirbahor, Dist.- Patna. At PresentMohalla- C/o Brahmdeo Singh, Near Tar Bangla, Govt. School, Dehri, P.S.- Dehri, Dist.- Rohtas.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-09-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Mahila P.S. Case No. 61 of 2022 for the offences punishable under Sections 498(A), 323, 341, 504/34 of the Indian Penal Code.

3. As per allegation, the marriage of the informant was solemnized with the petitioner on 30.01.2011. After marriage, the informant went to her matrimonial house where she came to know about illicit relation of the petitioner with another lady in his own family. It is further alleged that all the accused persons including the petitioner started demanding

Patna High Court CR. MISC. No.50160 of 2024(4) dt.23-09-2024 2/3 ATM Card of the informant for which they also used to torture her. It is further alleged that she purchased a piece of land at Buxar jointly with petitioner but thereafter all the accused persons including the petitioner were making pressure upon her to delete her name from the sale deed.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has submitted further that the informant is constable in Bihar police and the petitioner is a self employed person and it was the reason that the informant did not want to reside with the petitioner. He has also submitted that during her deposition, the informant has stated in paragraph no. 17 that she wanted to leave her husband (the petitioner). In paragraph no. 18, she has stated that there would be no reason for continuation of this case if decree of divorce is granted between them. He has next submitted that the petitioner is a person of clean antecedent and is under custody 08.05.2024.

5. On the other hand, the learned APP for the State as well as learned counsel for the informant have opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on

Patna High Court CR. MISC. No.50160 of 2024(4) dt.23-09-2024 3/3 bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned ACJM, Dehri Rohtas in connection with Mahila P.S. Case No. 61 of 2022, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) Nirmal/- U T