Balwant Kumar Singh @ Dipu Singh @ Balwant Singh @ Balwant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5873 of 2024 Arising Out of PS. Case No.-185 Year-2023 Thana- BANIAPUR District- Saran ====================================================== Balwant Kumar Singh @ Dipu Singh @ Balwant Singh @ Balwant Kumar S/O Brajbhushan Singh @ Mohan Singh Village- Bangara, Ps. Baniyapur, Dist. Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kiran Kumari W/O Balwant Kumar Singh @ Dipu Singh @ Balwant Singh @ Balwant Kumar Village- Bangara,Ps.- Baniyapur, Dist.Saran.At Present Residing At D/O Nageshwar Singh, R/O Village- Mehiya,Ps.Chapra Muffasil,Dist.Saran.

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

For the Petitioner/s :

Mr. Dr. Rajesh Kumar Singh, Adv.

For the State :

Mr. Abhay Kumar, APP For the O.P. No.2 :

NONE ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-06-2024 Despite valid service of notice, no one appears on behalf of the Opposite Party No. 2.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. The petitioner apprehends his arrest in connection with Baniyapur P.S. Case No. 185 of 2023 registered under Section 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

4. As per prosecution case, all the named accused persons including this petitioner tortured and harassed the complainant for non-fulfillment of demand of dowry.

5. Learned counsel appearing on behalf of the petitioner submits that petitioner happens to be husband of the complainant and present case has been lodged due to petty

Patna High Court CR. MISC. No.5873 of 2024(5) dt.27-06-2024 2/2 family dispute. There is general and omnibus allegation of commission of assault against him. It is further submitted that petitioner is ready to keep the informant/opposite party no. 2, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection, petitioner has relied upon a 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.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioner.

7. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Baniyapur P.S. Case No. 185 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T