Patna High CourtCR. MISC./54972/2023bail granted

Sunil Kumar @ Gaya Rai v. The State Of Bihar

2023-08-23Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54972 of 2023 Arising Out of PS. Case No.-56 Year-2020 Thana- MAHILA P.S. District- Patna ====================================================== SUNIL KUMAR @ GAYA RAI Son of Late Banwari Rai, Village- Old Bigrahpur Near Devi Mandir, P.S.- Jakkanpur P.O.- GPO, Dist- Patna ... ... Petitioner/s

Versus

The State of Bihar 2.

Vijaya Laxmi D/O- Satish Prasad, Village- Banwari Bhawan Indira Nagar Road No-7B Postal Park, P.S.- Kankarbagh Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jogendra Kumar, Adv.

For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-08-2023

1. Heard learned counsel for the Petitioner and learned APP for the State

2. Petitioner apprehends his arrest in connection with Mahila P.S. Case No. 56 of 2020 dated 08.06.2020 registered for the offence(s) punishable under Section(s) 498(A), 504, 506/34 of the Indian Penal Code.

3. The main submissions advanced by petitioner's counsel are that the petitioner is husband of the informant, marriage in between them took place in the year 2009 and two children born out of their conjugal relationship, after the marriage informant started pressurizing petitioner to settle at

Patna High Court CR. MISC. No.54972 of 2023(2) dt.23-08-2023 2/3 "Banwari Bhawan" Indira Nagar, Kankarbagh, Patna, which was not possible for the petitioner as petitioner's widow mother lives with him. It is further submitted that the petitioner's wife has illicit relation with someone which was objected by him due to which his wife and some other persons badly assaulted him in his house, for which Jakkanpur P.S. Case No. 272 of 2020 was lodged and thereafter the FIR of the present matter was lodged with false allegations.

4. Learned APP appearing for the State has opposed the prayer for bail.

5. Considering the above submissions and mainly the facts that the FIR of the instant matter was lodged after the institution of the FIR by this petitioner and in between them marriage took place in the year 2009 and the FIR with allegations of cruelty for the demand of dowry was lodged in the year 2020, in my opinion, in the light of the said facts the petitioner deserves to the privilege of anticipatory bail. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court

Patna High Court CR. MISC. No.54972 of 2023(2) dt.23-08-2023 3/3 concerned in connection with Mahila P.S. Case No. 56 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J.) Maynaz/- U T