Raushan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62545 of 2022 Arising Out of PS. Case No.-147 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== Raushan Kumar Singh S/o Amresh Singh, R/o Village- Dalel Chak P.SMadanpur, District- Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Uday Chand Prasad, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-02-2023 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Madanpur P.S. Case No. 147 of 2022, lodged under Sections 341/323/307/498(A) of the Indian Penal Code read with Section 3/4 of D.P. Act.
As per prosecution case, the informant has alleged that her marriage was solemnized with the petitioner on 6th December, 2019. It was stated that a dowry of Rs.5 lac cash was handed over to the petitioner. Allegation of continuous demand of dowry and torture for Rs.2 lac and one Pulsar motorcycle is there in the F.I.R., due to this reason she has filed a criminal
Patna High Court CR. MISC. No.62545 of 2022(2) dt.25-02-2023 2/3 case against the petitioner bearing Madanpur P.S. Case No. 96 of 2021.
Learned counsel for the petitioner submits that it is the second round litigation filed by the informant vide Madanpur P.S. Case No. 147 of 2022 on 02.04.2022. He further submits that petitioner is in custody since 02.04.2022, he has one criminal case pending against him, which is filed by the informant. Learned counsel specifically mentioned that petitioner is ready to live with his wife peacefully but his wife is a litigant woman. In paragraph no.7, counsel for the petitioner submits that the petitioner is ready to keep his wife with full honor and dignity.
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 A.D.J.-15, Aurangabad in connection with Madanpur P.S. Case No. 147 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
Patna High Court CR. MISC. No.62545 of 2022(2) dt.25-02-2023 3/3 A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.
B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.
C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
Petitioner is directed to enter into a mediation conducted by the Court or through the recognized mediation center at the Civil Court itself.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ritik/- U T