Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48478 of 2022 Arising Out of PS. Case No.-482 Year-2021 Thana- BEUR District- Patna ====================================================== Sonu Kumar Son Of Radhakrishan Singh, R/O Mohall- Sri Krishna Vihar Colony Road No.-4/c, P.S.- Beur, District- Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party/s :
Mr. Sushil Kumar Jha, APP For the Informant : Mr. Harendra Prasad, Advocate ====================================================== 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 and learned A.P.P. for the State as well as learned counsel for the informant through virtual mode.
The petitioner seeks regular bail in connection with Beur P.S. Case No. 482 of 2021 lodged under Sections 498A, 313 and 379/34 of the I.P.C..
As per prosecution case, the allegation of demand of dowry and torture in various ways are there in the F.I.R. by the informant against her husband and his family members. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further
Patna High Court CR. MISC. No.48478 of 2022(2) dt.18-11-2022 2/3 submits that the antecedent of the petitioner is clean and he is in custody since 28.04.2021. Counsel further submits that petitioner is husband and prior to filing of the present case under Section 498A on 01.11.2021, petitioner has already filed a divorce case on 09.09.2021 bearing Matrimonial Divorce Case No. 1087 of 2021 against the present informant on the ground of adultery which is still pending. In the said case it has been specifically stated against the informant to have illicit relation with her brother-in-law and only due to this reason she is not interested to return back to her sasural to live with the petitioner. Learned counsel for the State opposes the prayer for bail.
Learned counsel for the informant appeared in this case and submits that the entire arguments made by the petitioner is absolutely false. Informant is ready to reside with the petitioner and for that she seeks mediation/conciliation. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted 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 A.C.J.M.-III, Patna in connection with Beur P.S. Case No. 482 of 2021, subject to the conditions
Patna High Court CR. MISC. No.48478 of 2022(2) dt.18-11-2022 3/3 as laid down under Section 437(3) of Cr.P.C.. There is always liberty to the opposite party to appear in the aforesaid matrimonial case and participate in conciliation which is one of the mandatory stage of the said case. With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ravishankar/- U T