Harish Chandra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80413 of 2023 Arising Out of PS. Case No.-2427 Year-2018 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== HARISH CHANDRA SINGH SON OF ADALAT SINGH R/O VILLAGESAHEBA CHAK, P.S.- MIRGANJ, DISTRICT- GOPALGANJ ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Jyoti Devi Wife Of Harish Chandra Singh R/O Village- Saheba Chak, P.S.- Mirganj, District- Gopalganj, At Present Residing At Village- Emilia, P.S.- Bhore, District- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alka Panday For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner, learned counsel for the complainant and learned APP for the State. Earlier, anticipatory bail application of the petitioner was rejected vide order dated 18.07.2022 in Cr. Misc. No. 61606 of 2019.

The petitioner has prayed for regular bail in this case registered for the offence punishable under sections 498A 494/34 of the I.P.C.

The allegation against the petitioner is that due to non-fulfillment of dowry demand he used to torture and assault the complainant mentally and physically. It is further

Patna High Court CR. MISC. No.80413 of 2023(5) dt.20-03-2024 2/3 alleged that she was also ousted by the petitioner from her matrimonial house.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent has committed no offence. He has falsely been implicated in this case due to family dispute.

Learned counsel for the complainant prayed for some maintenance for survival of the complainant and her child as she is a housewife and she is not able to maintain their self.

In alternative, learned counsel appearing on behalf of the petitioner, on instructions submits that the petitioner is ready to give rupees 3,000/- (three thousand per month) from this month, subject to furnishing bank account number by the complainant to the petitioner.

In the changed circumstances, learned counsel for the complainant admits that he shall provide bank account number of the complainant to the petitioner within a period of one week from today. On receipt of the bank account number of the complainant, the petitioner shall deposit Rs. 3,000/- in every month commencing from this month (i.e. March, 2024) as maintenance in the account furnished by the complainant.

Patna High Court CR. MISC. No.80413 of 2023(5) dt.20-03-2024 3/3 Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Complaint Case No. 2427 of 2018 Trial No. 1392 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., XVI, Gopalganj. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 3,000/- (for the month of March, 2024) by the petitioner in the account of the complainant.

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