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Patna High CourtCR. MISC./43893/2019bail granted

Ajay Kumar Singh v. The State Of Bihar

2020-01-08Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43893 of 2019 Arising Out of PS. Case No.-655 Year-2017 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== AJAY KUMAR SINGH S/o Hare Ram Singh Resident of VillageChakarhari, P.S.- Muffasil, District- Buxar. At present- House No. 96 B.A. 711/D Vishanapuri Coloney Lane No. 24 Barmahuli, P.S.- Imamganj, DistrictAllahabad (U.P.). ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Rinki Kumri Singh D/o Sampat Kumar Singh R/o Village- Dhamar, P.S.- Ara Muffasil, District- Bhojpur.

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

For the Petitioner/s :

Mr.Navin Kumar Singh For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2020 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Bhojpur Complaint Case No.655C/17 , registered for offences punishable under Sections 341, 323, 379, 406, 498(A), 504 of the Indian Penal Code and Sections 3⁄4 of the D.P.Act. As per FIR, petitioner happens to be husband of the complainant and there is allegation of demand of four Wheeler, for which she was assaulted her and also tried to kill her. It further appears that a compromise was held and thereafter the petitioner was ready to keep her but keeping his son , he left her at Buxar Station and not allowing her to reside

Patna High Court CR. MISC. No.43893 of 2019(5) dt.08-01-2020 2/3 with him.

Submission of the learned counsel for the petitioner is that the allegation is false and concocted. She herself left the house living children and moreover he is still paying around Rs.10,000/- per month, which is deducted from his salary and deposited in the account of the O.P.no.2 (complainant). Petitioner is an Airforce personnel.

Heard learned A.P.P. and the learned counsel for the informant, who has opposed the prayer for bail on the ground that in spite of giving an undertaking that he will keep her , he is not allowing the O.P.no.2 to reside with him. . Having heard both sides and in view of submissions as made above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhojpur at Ara in connection with Bhojpur Complaint Case No.655(C ) of 2017 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with condition that he has to appear before the learned court below as and when required and co-operate

Patna High Court CR. MISC. No.43893 of 2019(5) dt.08-01-2020 3/3 in disposal of the trial.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T