Neeraj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70750 of 2022 Arising Out of PS. Case No.-208 Year-2022 Thana- MADHAURAH District- Saran ====================================================== Neeraj Kumar Singh S/o Chandraket Singh R/o - Marhowrah Station Road, P.S.- Marhowrah, Distt- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Rajendra Narain, Sr. Advocate :

Ms. Anju Narain @ Anju Kumari, Advocate :

Mr. Pranab Bardhan, Advocate :

Mr. Umesh Kr. Roy, Advocate For the State :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Marhowrah P.S. Case No.208 of 2022 registered for the offence under Sections 498-A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

The accused/petitioner is named in the F.I.R. and is in custody since 15.09.2022.

The allegation against the petitioner is to commit cruelty against the daughter of the informant due to non fulfillment of demand of dowry as raised for 'Scorpio vehicle'. Learned senior counsel appearing on behalf of the

Patna High Court CR. MISC. No.70750 of 2022(2) dt.22-12-2022 2/3 petitioner submitted that when petitioner caught the daughter of informant involved in vulgar chat with one, Prabhat Sharma @ Bablu @ Deo Sharma, present false implication was made, which is without any basis. It is submitted that it is not possible to continue conjugal life, when wife is indulged with such an activity/extra-marital affair. Learned counsel during course of argument, undertake by way of submission, that petitioner is ready to pay Rs.2,000 (Rupees Two Thousand) per month to his wife subject to the outcome of maintenance case, if any pending in the learned Family Court. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State, opposes the prayer for the bail.

In view of the facts and circumstances as mentioned above as petitioner is in custody since 15.09.2022 coupled with the fact that charge-sheet has already been submitted, where petitioner is ready to pay Rs.2,000 (Two Thousand) per month as maintenance to his wife subject to the outcome of maintenance case, let above named petitioner is directed to be released on bail in connection with Marhowrah P.S. Case

Patna High Court CR. MISC. No.70750 of 2022(2) dt.22-12-2022 3/3 No.208 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran, Chhapra/concerned court, subject to the following condition: (i) Petitioner is directed to deposit Rs.2,000 (Rupees Two Thousand), in the given bank account furnished by informant/wife of the petitioner, positively, on or before seventh day of every english calendar month.

(Chandra Shekhar Jha, J) S.Tripathi/- U T