Rajesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34991 of 2017 Arising Out of PS.Case No. -68 Year- 2016 Thana -BHIMPUR District- SUPAUL ====================================================== Rajesh Singh Son of Budhu Singh, R/o Village- Bhimpur, P.S.- Bhimpur, District- Supaul.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 02-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with Bhimpur P.S. Case 68 of 2016 registered for the offence punishable under Sections 341, 323, 325, 307 498A and 504/34 of the Indian Penal Code.

The prosecution case, as lodged by the father of the victim, Mako Devi, is that his daughter was married to the petitioner, but the petitioner along with all his family members used to torture her because she has given birth to three female children only and was brought to her maike.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.34991 of 2017 (2) dt.02-08-2017 2/3 petitioner that he is innocent and has been falsely implicated in the aforesaid case. He further submits that he is ready to keep his wife in her matrimonial house with full dignity and honour and to that effect he has filed an affidavit before the learned Court below. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the stand of the petitioner, let the petitioner above named be released on provisional bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Bhimpur P.S. Case No. 68 of 2016 for a period of three months. Let the petitioner appear before the learned Court below, who will issue notice to the daughter of the informant, Mako Devi fixing a firm date for her appearance and on her appearance, petitioner will take her to keep her as wife with full dignity and honour.

The provisional bail of the petitioner shall be confirmed by the learned Court below in three eventualities: (i) If the matrimonial harmony is substantially

Patna High Court Cr.Misc. No.34991 of 2017 (2) dt.02-08-2017 3/3 restored or (ii) if the daughter of the informant fails to appear before the learned Court below or (iii) if the daughter of the informant deliberately gets reluctant to reconcile the issue.

(Nilu Agrawal, J.) Arjun/- U T