Sachida Nand Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71902 of 2023 Arising Out of PS. Case No.-1131 Year-2022 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Sachida Nand Singh Son Of Sakaldeo Singh Resident Of Village- Jatakauli, P.O.- Dharmpur, P.S.- Vaishali, District- Vaishali ... ... Petitioner/S
Versus
1.
The State Of Bihar 2.
Jainath Singh Son Of Late Ram Pravwesh Singh Resident Of VillageMahamadpur Balami, P.S. Motipur, District- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vipin Kumar, Advocate For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Complaint Case No. 1131 of 2022, instituted for the offence punishable under Sections 498(A) and 354 of the Indian Penal Code.
3. The prosecution case, in short, is that complainant alleged that her daughter's marriage was solemnized with the petitioner on 11.07.2008 according to Hindu rites and rituals but the petitioner was incapicitated in performing his conjugal life. It is further alleged that accused persons including the petitioner assaulted and tortured the daughter of complainant in different
Patna High Court CR. MISC. No.71902 of 2023(3) dt.27-02-2024 2/3 ways.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the instant case has been filed by the father of the wife of the petitioner on 04.08.2022 and on the same day, a Matrimonial Case No. 387 of 2022 has been filed by the wife of the petitioner namely, Munita Devi under Section 12(1) of Hindu Marriage Act for dissolution of marriage and prayed for declaring her marriage as void. Learned counsel further submitted that complaint case has been filed after 14 years of marriage and there was no such complaint ever against the petitioner. Lastly, it has been submitted that the petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Complaint Case No. 1131 of 2022, he shall be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II,
Patna High Court CR. MISC. No.71902 of 2023(3) dt.27-02-2024 3/3 Muzaffarpur, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) Sankalp/- U T