Siddarath Shankar Prasad @ Sidharth Shankar Prasad @ Sajan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76696 of 2019 Arising Out of PS. Case No.-293 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Siddarath Shankar Prasad @ Sidharth Shankar Prasad @ Sajan, S/o Late Harishankar Prasad R/o Village- Ghipatti, Bairgania @ Ghee Patti Bairginiya, P.S.-Bairgania @ Bairginiya, District-Sitamarhi, wrongly stated East Champaran ... ... Petitioner

Versus

1.

The State of Bihar 2.

Shilpi Devi W/o Sidharath Shankar Prasad @ Sajan @ Siddharth Shankar Prasad, D/o Lal Babu Prasad R/o Village Ghipatti Bairgania @ Ghee Patti Bairginiya, P.S.- Bairgania @ Bairginiya, Distt. - Sitamarhi, at present R/o Village- Siswa Mangal, P.S.- Dhaka, P.O. Pachpakari, Dist. East Champaran. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Alok Kumar Alok, Advocate For the Opposite Parties :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-06-2020 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the complainant via video conferencing.

By way of the present application, the petitioner has sought for pre-arrest bail in connection with Trial No.3414 of 2019 arising out of Complaint Case No.C-293 of 2018 in which cognizance has been taken for the offences punishable under Sections 406, 498A, 313, 120B of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.76696 of 2019(3) dt.19-06-2020 2/3 It is contended by the learned counsel for the petitioner that the marriage had taken place on 10.06.2015 and the petitioner was having excellent relationship with the opposite party no.2. However, a dispute arose between the husband and wife, as the complainant wanted that the petitioner should not provide financial assistance to his parents. It is only because of that reason a false case has been instituted. On the other hand, learned counsel appearing for the complainant has contended that the submissions made on behalf of the petitioner are absolutely false. The fact is that the accused persons including the petitioner had demanded a motorcycle as dowry and due to non-fulfilment of the same they subjected the complainant to cruelty and torture.

Be that as it may, regard being to the nature of the offence, the submissions advanced at the Bar and the need of decongestion in the jail due to Covid-19, the petitioner is directed to be released on bail in the event of arrest or surrender in the court below on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Sikarhana at Dhaka, East Champaran in connection with Complaint Case No.

Patna High Court CR. MISC. No.76696 of 2019(3) dt.19-06-2020 3/3 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Sanjeet/- U T