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Patna High CourtCR. MISC./68672/2022allowed

Shanker Kumar @ Shanker Singh v. The State Of Bihar

2023-03-22Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68672 of 2022 Arising Out of PS. Case No.-187 Year-2020 Thana- NAYA RAM NAGAR District- Munger ====================================================== SHANKER KUMAR @ SHANKER SINGH Son of Rajendra Singh Resident of Village - Sonbarsa, P.S.- Samho, District - Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Beauty Kumari Daughter of Late Sanjay Singh W/o Shanker Singh, Resident of Village - Indrukh, P.S.- Naya Ram Nagar, District - Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjiv Kumar Singh For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case registered for the offence punishable under sections 306, 498(A),34 of the Indian Penal Code and sections 3⁄4 of the D.P. Act. As per allegation in the FIR, petitioner along with his family members have tortured in various ways to the daughter of the informant. On 29.11.2020 husband of the informant went to the matrimonial home of his daughter, where he was humiliated by the family members of the petitioner due to which, he got frustrated and committed suicide by jumping into the well and then his dead body was recovered from there.

Patna High Court CR. MISC. No.68672 of 2022(3) dt.22-03-2023 2/3 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the informant's daughter and he has been falsely implicated in this case. Petitioner has never demanded any thing from his wife. As per para-10 of the petition, petitioner is still ready to keep his wife with full dignity. Petitioner is languishing in judicial custody since 25.08.2022.

Learned counsel for the informant prays for some maintenance for wife of the petitioner as she is a housewife and she is not able to maintain herself .

In the alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give Rupee four thousand per month commencing from this month, subject to furnishing bank account number by the informant to the petitioner.

Learned counsel for the informant admits that he shall provide bank account number of the informant to the petitioner within a period of one week from today. On receipt of the bank account number of the informant, the petitioner shall deposit Rs. 4,000/- (Four Thousand) in first week of every month commencing from March, 2023 as maintenance in the account furnished by the informant.

Patna High Court CR. MISC. No.68672 of 2022(3) dt.22-03-2023 3/3 Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on 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 ACJM 1st Munger in connection with Naya-Ram-Nagar (Safiasarai) P.S. Case No. 187 of 2020.

The aforesaid payment will be subject to any order passed in the maintenance case for final settlement. (Sunil Kumar Panwar, J) sushma/- U