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Patna High CourtCR. MISC./48818/2022disposed

Jaishankar Prasad Sahu v. The State Of Bihar

2023-02-22Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48818 of 2022 Arising Out of PS. Case No.-53 Year-2022 Thana- BIRPUR District- Supaul ====================================================== Jaishankar Prasad Sahu S/o Siyaram Sahu Resident of Nagar Panchayat, Birpur, Ward No.13, Police Station- Birpur, District- Supaul ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sarita Devi, aged about 35 years, female w/o Jaishankar Pd. Sahu, R/o Nagar Panchayat Birpur ward No. 13, P.S.- Birpur Dist. Supaul. ... ... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-02-2023 Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Birpur P.S. Case No. 53 of 2022 registered for the offences punishable under Sections 498(A), 494/34 of the Indian Penal Code. As per the prosecution, the informant's husband i.e, this petitioner solemnized another marriage with one namely, Ranju Devi and the FIR named persons assaulted the informant and her son and ousted the informant from her matrimonial home. The main submissions advanced by Mr. Arun, learned

Patna High Court CR. MISC. No.48818 of 2022(5) dt.22-02-2023 2/2 counsel for the petitioner are that the petitioner was granted provisional bail on 22.12.2022 mainly on this ground that he was willing to settle the differences with his wife but thereafter his wife who was the informant of this case has died and on account of her demise no conciliation efforts could be made in between them and against him the investigation has been completed and he is presently on provisional bail and the same may be confirmed.

Mr. Mritunjay Kumar Nirala, learned APP for the State has opposed the prayer for confirmation of provisional bail. In view of the facts, as stated above, the provisional bail granted to the petitioner is hereby confirmed on the same bail bond taken under the order dated 22.12.2022. Accordingly, the instant Cr. Misc. petition stands disposed of. (Shailendra Singh, J) Shahnawaz/- U T