Narendra Kumar Singh @ Narendra Singh @ Nagendra Singh v. The State Of Bihar And ORS

Patna High Court Cr.Misc. No.15719 of 2017 (2) dt.21-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15719 of 2017 Arising Out of PS.Case No. -176 Year- 2015 Thana -NOKHA District- SASARAM (ROHTAS) ====================================================== Narendra Kumar Singh @ Narendra Singh @ Nagendra Singh son of Sri Bhagwan Singh, R/o village- Majhiaon, P.S.- Nokha, O.P. - Baghela, District- Rohtas .... .... Petitioner

Versus

The State of Bihar & Ors .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Nokha P.S. Case No. 176 of 2015 registered for the offences punishable under Sections 323, 307, 498A/34 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

Sarita Devi, the daughter of the informant, was married to the petitioner in the year 2008 and thereafter, the accused persons including the petitioner started demanding Rs. 1-1.5 lakhs on the ground that the petitioner is handicapped and for his business the money is required . However, amount of Rs. 50,000/- was paid but the petitioner and others remained adamant on their demand and due to non-fulfillment they started torturing and assaulting Sarita Devi, the daughter of the informant. Due to assault committed the brain of Sarita Devi was disturbed and for that her treatment is going on and further her

Patna High Court Cr.Misc. No.15719 of 2017 (2) dt.21-04-2017 condition is also serious.

Submission is of false implication and that the petitioner has never demanded anything, the victim herself out of her own sweet will left her matrimonial house, the petitioner is always ready to keep her with honour and dignity. It is not believable that the petitioner who is 50 % handicapped will make demand of dowry, without any fault he is in custody since 19.11.2016 and as such he deserves sympathetic consideration.

Learned APP opposes the prayer of bail by submitting that the petitioner is the husband.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate V, Rohtas at Sasaram in connection with Nokha P.S. Case No. 176 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T