Sushil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47661 of 2022 Arising Out of PS. Case No.-102 Year-2022 Thana- JANDAHA District- Vaishali ====================================================== Sushil Kumar Singh S/O Sri Jagdev Singh @ Yogendra Singh Resident Of Village- Rasalpur, P.O. And P.S.- Jandaha, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Kanchan Devi W/o Sushil Kumar Singh Resident of Village- Rasalpur, P.O. and P.s.- Jandaha, District- Vaishali. At present resident of Village- Husepur, P.O. Dargah Bela, P.S.- Baliganj, District- Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Sinha For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2023 Heard learned counsel for the petitioner, learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under Sections 498(A), 323, 341, 504, 506/34 of the Indian Penal Code.

As per the allegation in FIR, petitioner, being the husband of the informant and other co-accused persons tortured and assaulted the informant for non fulfillment of dowry demand. It is also alleged that Devar of the informant used to molest her and upon protest he also assaulted the informant. The accused persons snatched all

Patna High Court CR. MISC. No.47661 of 2022(3) dt.10-01-2023 2/3 the belongings and ousted the informant from her matrimonial house.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. A statement has been made in para 3 of the petition that petitioner has clean antecedent. Petitioner is languishing in judicial custody since 12.04.2022.

Learned APP appearing on behalf of the State has prayed for some maintenance for survival of the complainant as she is a housewife and she is not able to maintain herself.

In the alternative, the petitioner is ready to make payment of Rs. 4,000/- as interim maintenance to the informant before filing of the bail bonds.

The petitioner also undertakes to make payment of Rs. 4,000/- per month to the informant by depositing the same in her bank account commencing from the month of January, 2023.

In the facts and circumstances of the case as stated

Patna High Court CR. MISC. No.47661 of 2022(3) dt.10-01-2023 3/3 above, 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 thousands only) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Vaishali, Hajipur in connection with Jandaha P.S. Case No. 102 of 2022.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 4,000/- by the petitioner in the account of the informant. The aforesaid payment will be subject to any order being passed in the matrimonial or maintenance proceeding. (Sunil Kumar Panwar, J) nirajkrs/- U T