Subodh Kumar Suman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52421 of 2022 Arising Out of PS. Case No.-42 Year-2022 Thana- GOPALPUR District- Patna ====================================================== Subodh Kumar Suman, Son of Sri Umesh Kewat @ Uma Kewat, Resident of Village - Kalbind Garden, P.S.- Chowk, District - Patna. ... ... Petitioner
Versus
1. The State of Bihar
2. Nisha Kumari, W/o- Sri Subodh Kumar Suman, Village- Kalbind Garden, Thana- Chowk, District- Patna. At present, D/O- Sudhir Kumar Singh, Village- Bhogipur (Chakpul), P.S. Gopalpur, District- Patna. ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Krishan Jha, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP For the Informant :
Mr. Deepak Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-05-2023 Learned counsel for the petitioner undertakes to remove the S.R. defects within two weeks after summer vacation.
Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Petitioner in the present case is seeking pre-arrest bail in connection with Gopalpur P.S. Case No. 42 of 2022 registered for the offences punishable under Sections 341, 323, 498(A), 504, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
As per the prosecution story, the informant was married to this petitioner in the year 2020 as per Hindu rites and customs. After three to four months of her marriage, the
Patna High Court CR. MISC. No.52421 of 2022(5) dt.15-05-2023 2/3 informant's in-laws and this petitioner started torturing her and demanded Rs.5,00,000/- for starting a business. The informant was sent back to her parental house after which her father gave Rs.75,000/- and thereafter she lived in her matrimonial house for some time. On 15.01.2022, Umesh Kewat, Subodh Kumar Suman and Ashish Ranjan went to the house of the informant and abused her and her family members.
Learned counsel for the petitioner submits that the petitioner is quite innocent and has been falsely implicated in this case.
Learned counsel for the petitioner as well as learned counsel for the Informant-O.P. No. 2 have jointly informed that the parties are living together amicably. There is no objection in granting anticipatory bail to the petitioner. Having regard to the aforementioned submissions made at the bar, this Court directs release of the petitioner above-named on bail in the event of his arrest or surrender within a period of four weeks from today in connection with Gopalpur P.S. Case No. 42 of 2022 on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, IXth, subject to the conditions as laid down under Section 438(2)
Patna High Court CR. MISC. No.52421 of 2022(5) dt.15-05-2023 3/3 of the Cr.P.C.
The conduct of the petitioner shall be verified by the learned court below after a period of six months. It will be open for the informant to move this Court if the petitioner indulges in creating any untoward situation.
And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. This application stands disposed of accordingly. Certified copy of this order shall be made available only after removal of the defects.
(Rajeev Ranjan Prasad, J) lekhi/- U T