Munni Mahesh Singh v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3874 of 2019 Arising Out of PS. Case No.-1414 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Munni Mahesh Singh, son of Jagdeo Singh, Resident of Village- Ram Nagra Chouwaniya Patti, P.S.- Riga, District - Sitamarhi ... Petitioner

Versus

1.

The State Of Bihar 2.

Priyanka Kumari, wife of Munni Mahesh Singh, D/o- Ram Lakhan Prasad, Resident of Village- Ram Nagra Chouania Patti, P.S.- Riga, District - Sitamarhi, at present Residing - Belhariya, P.S.- Ahiyapur, District - Muzaffarpur ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Nalin Kumar, Adv.

For the State :

Mr. Sanjay Kumar Singh, APP For OP No. 2 :

M/s Rajive Ranjan Singh & Shanti Bhushan Singh, Advs.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-08-2019 Heard learned counsel for the petitioner, learned counsel for complainant/opposite party no. 2 and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Complaint Case No. 1414 of 2017 for the offences alleged under Sections 498A, 384 and 120B of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.

The accusation is that marriage of the complainant/opposite party no. 2 was performed with the petitioner on 04.07.2010 according to Hindu Customs. Due to wed-lock she gave birth to two female children. In the

Patna High Court CR. MISC. No.3874 of 2019(7) dt.20-08-2019 2/3 meantime, she was being tortured for demand of rupees eleven lakhs and removed from her matrimonial home.

Learned counsel appearing for the petitioner submits that while the matter was not settled in between the petitioner and complainant/opposite party no. 2, who are husband and wife, before the Patna High Court Mediation Center and on the instruction of the Court, petitioner approached at the parental house of complainant/opposite party no. 2, but, the parents of complainant/opposite party no. 2 refused to send her with the petitioner.

On the other hand, learned counsel appearing on behalf of complainant/opposite party no. 2 submits that while the petitioner had come at the parental house of complainant/opposite party no. 2, but, abused her and her parents and did not take the complainant/opposite party no. 2 to her matrimonial house.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Complaint Case No. 1414 of 2017 shall be

Patna High Court CR. MISC. No.3874 of 2019(7) dt.20-08-2019 3/3 released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Subdivisional Judicial Magistrate, East, Muzaffarpur, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T