Yaspal Kumar @ Yashpal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53737 of 2022 Arising Out of PS. Case No.-201 Year-2022 Thana- SAMASTIPUR District- Samastipur ====================================================== Yaspal Kumar @ Yashpal Kumar Son of Ram Ekbal Ray Resident of Village - Begumpur, P.s.- Warisnagar, Distt.- Samastipur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Ruby Kumari W/o Yaspal Kumar @ Yashpal Kumar , D/o Ram Sakal Rai Resident of Village - Barah Patther, Ward no.15, P.s.- Nagar, Distt.- Samastipur.

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv.

For the Opposite Party/s :

Mr. Madhuri Lata, APP For the Informant/s :

Mr. Vinay Kumar Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned senior counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant through virtual mode.

The petitioner seeks regular bail in connection with Samastipur (Town) P.S. Case No. 201 of 2022 lodged under Sections 498(A)/34 of the I.P.C. read with Section 27 of the Arms Act.

As per the prosecution case, the allegation of 498(A) and Arms Act have been made in the F.I.R. against the present petitioner.

Patna High Court CR. MISC. No.53737 of 2022(2) dt.18-11-2022 2/3 Learned counsel for the petitioner submits that there is one criminal case pending against the petitioner which has been filed by the same complainant earlier in which compromise has already been taken place. Counsel for petitioner further submits that petitioner is innocent and has committed no offence. He submits that petitioner has filed Matrimonial Case No. 19 of 2021 in the Family Court, Samastipur in which after mediation, the informant O.P. No. 2 started living together. Thereafter, in confusion, the present case has been filed. Counsel submits that petitioner is in custody since 22.07.2022 and ready to fulfill all the conditions whatsoever shall be imposed upon him by the Court. Counsel submits that petitioner is still ready to live with his wife.

Learned counsel for the O.P. No. 2 fairly submits that there is already settlement took place between the parties. Learned counsel for the State opposes the prayer for bail.

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 C.J.M., Samastipur in connection

Patna High Court CR. MISC. No.53737 of 2022(2) dt.18-11-2022 3/3 with Samastipur (Town) P.S. Case No. 201 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T