Suraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12166 of 2021 Arising Out of PS. Case No.-986 Year-2018 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== SURAJ SINGH SON OF SRI BALESHWAR SINGH R/O VILLAGEBANSIPUR, P.S.-SAMBHUGANJ, DISTRICT-BANKA. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

BABITA DEVI @ BABY DEVI W/O SRI DHARMENDRA PRASAD SINGH R/O VILLAGE-MANIKPUR, P.S.-RATANPUR, P.S.-SAHKUND, DISTRICT-BHAGALPUR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-04-2022 Heard learned counsel for the petitioner and learned APP for the State. Though, in compliance of the order dated 11.01.2022, notice was issued upon opposite party no.2 and as per office notes, the O.P. No.2 has personally received the notice but today when the case is called out, nobody appears on behalf of the opposite party no.2.

The petitioner apprehends his arrest in a case registered u/s 498 (A) of the IPC and section 4 of Dowry Prohibition Act. Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence. Petitioner has never made any dowry demand and has been

Patna High Court CR. MISC. No.12166 of 2021(3) dt.04-04-2022 2/2 falsely implicated in the present case due to grudge. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182. It is submitted that the petitioner is ready and willing to keep his wife with full honour and dignity.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Complaint Case No.986 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Anjani Kumar Sharan, J) pallavi/- U T