Sarvesh Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76641 of 2019 Arising Out of PS. Case No.-325 Year-2019 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== SARVESH SUMAN S/o Sri Manas Mohan Jha R/o village- Sanjat Ward No. 9, P.S.- Bhagwanpur, District- Begusarai ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Priya Kumari W/o Sarvesh Suman, D/o Sri Krishnandan Choudhary R/o village- Sanjat, P.S.- Bhagwanpur, District- Begusarai. at present R/o village- Damodarpur, P.O.- Pasopur, P.S.- Bhagwanpur, District- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Ms.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 325C of 2019 in which cognizance has been taken under Section 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act. As per complaint case petitioner happens to be husband of the complainant and allegation against him is that he demanded Rs.10 lac and for that he tortured her and ousted her from the house.

Submission of learned counsel for the petitioner is that all the allegations are false and concocted and as a matter of fact she is not ready to reside with the petitioner and he has filed Matrimonial Case No. 80 of 2018 under Section 9 of Hindu

Patna High Court CR. MISC. No.76641 of 2019(2) dt.27-11-2019 2/2 Marriage Act for restitution of conjugal right and much after that the present case has been filed after knowing about the above matrimonial case filed by the petitioner. Heard learned APP also.

In view of above facts and circumstances, let petitioner, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Begusarai, in connection with Complaint Case No. 325C 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition that if complainant is ready to reside with the petitioner, petitioner has to keep her with dignity and care.

(Vinod Kumar Sinha, J) spal/- U T